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20210513_Keller_Ph2_ContractSpecifications_finalPBSPECIFICATIONS AND CONTRACT DOCUMENTS FOR KELLERHEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT– PHASE  SOUTH TAHOE PUBLIC UTILITY DISTRICT SOUTH LAKE TAHOE, CALIFORNIA 0D\ 2021  Exp. 3/31/22Exp.p. 3/31/22 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 TABLE OF CONTENTS KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PHASE 2 TC-1 SOUTH TAHOE PUBLIC UTILITY DISTRICT KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT PHASE 2 May 2021 TABLE OF CONTENTS SUBJECT MATTER PAGE Division 00 – Procurement and Contracting Requirements 00 10 00 Invitation to Bid 00 10 00-1 00 20 00 Instructions to Bidders 00 20 00-1 00 30 00 Information Available to Bidders 00 30 00-1 00 41 00 Bid Forms 00 41 00-1 Description of Bid Items 00 41 00-17 Bid Form with Bid Items 00 41 00-19 00 52 00 Contract 00 52 00-1 00 61 00 Bond Forms 00 61 00-1 00 71 00 Contracting Definitions 00 71 00-1 00 72 00 General Conditions 00 72 00-1 00 73 00 Supplementary Conditions 00 73 00-1 00 74 00 Grant Conditions 00 74 00-1 Davis Bacon Wages 00 75 00 Grant Forms 00 75 00-1 Division 01 – General Project Requirements 01 10 00 General Project Requirements 01 10 00-1 01 20 00 Price and Payment Procedures 01 20 00-1 MAY 2021 TABLE OF CONTENTS KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PHASE 2 TC-2 SUBJECT MATTER PAGE Division 01 – General Requirements (cont.) 01 31 00 Project Management and Coordination 01 31 00-1 01 32 00 Construction Progress Documentation 01 32 00-1 01 32 20 Web-based Construction Document Management 01 32 20-1 01 33 00 Submittals Process 01 33 00-1 01 35 00 Special Procedures 01 35 00-1 01 41 00 Regulatory Requirements 01 41 00-1 01 42 00 References 01 42 00-1 01 43 00 Quality Assurance 01 43 00-1 01 50 00 Temporary Facilities and Controls 01 50 00-1 01 60 00 Product Requirements 01 60 00-1 01 73 00 Project Execution 01 73 00-1 01 77 00 Closeout Requirements 01 77 00-1 Division 05 - Metals 05 05 00 Miscellaneous Metalwork 05 05 00-1 05 05 23 Adhesive Anchors 05 05 23-1 Division 13 – Special Construction 13 47 13 Tank Internal Cathodic Protection 13 47 13-1 Division 26 – Electrical 26 05 33.13 Conduit For Electrical Systems 26 05 33.13-1 MAY 2021 TABLE OF CONTENTS KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PHASE 2 TC-3 SUBJECT MATTER PAGE Division 31 – Earthwork 31 25 00 Erosion and Sedimentation Control 31 25 13-1 Division 33 – Utilities 33 13 00 Water Pipeline Testing and Disinfection 33 13 00-1 33 16 23 Factory Powder Coated Bolted Steel Tank 33 16 23-1 Division 40 – Process Interconnections 40 05 02 Piping Connections 40 05 02-1 40 05 11 Steel Pipe 40 05 11-1 40 05 33.03 Flexible Duckbill Check Valve 40 05 33.03-1 Division 43 – Process – Storage Equipment 43 41 26 Aluminum Roof 43 41 26-1 THIS PAGE LEFT INTENTIONALLY BLANK DIVISION 00 THIS PAGE LEFT INTENTIONALLY BLANK 5/7/2021 SECTION 00 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS SOLICITATION - INVITATION TO BID PHASE 2 1 SECTION 00 10 00 SOLICITATION INVITATION TO BID The South Tahoe Public Utility District (STPUD) invites sealed bids by electronic submission only for the construction of the Keller-Heavenly Water System Improvements Project, Phase 2. Electronic Bids will be received until 2:00 P.M., Tuesday, June 29, 2021. Hard copy original Bid Bond (or other acceptable form of bid security) MUST be delivered to District in advance of Bid deadline. Bids submitted after this time will not be accepted by the electronic bidding system. All bids that have been timely received will be opened and the content read aloud via a virtual bid opening. Access information for the bid opening will be provided via PlanetBids. All interested parties are invited to attend. Bids shall be valid for 60 calendar days after the bid opening date, as required in the Bid Form. The site of the work is in the Heavenly Valley neighborhood of the City of South Lake, California, on District property with access across adjacent US Forest Service land, private property, and adjacent right-of-way. The work to be performed consists of: construction of a new 150,000 gallon bolted steel water tank, associated piping, anchors to an existing foundation, tank appurtenances required for tank access, instrumentation, and communication infrastructure, in addition to required erosion and traffic control, and other related activities described in the plans and specifications. A copy of the Contract Documents are on file and may be examined via appointment at the South Tahoe Public Utility District Offices, 1275 Meadow Crest Drive, South Lake Tahoe, California. In order to RSVP for the mandatory online Pre-Bid Conference, download the Contract Documents and receive addendums and notifications when issued, Bidders must register as a vendor at the District’s Vendor Portal: http://www.planetbids.com/portal/portal.cfm?CompanyID=21516 Electronic bids will also be submitted through this website. Paper bids will not be accepted. Contract Documents are available for free download on the District’s Vendor Portal. For assistance in downloading these documents or registering as a vendor contact Star Glaze, Contracts Administrator at (530) 543-6205. All bids are to be submitted electronically as required in Section 00 20 00 Instructions for Procurement. After electronic bidding, each bidder shall submit their original Bid Forms to South Tahoe Public Utility District at 1275 Meadow Crest Drive, South Lake Tahoe, California by 5 P.M. on July 1, 2021. Questions or comments regarding this project must be submitted electronically via our electronic bidding system and must be received by the District no later than 4 P.M. on June 18, 2021. Questions received after the date indicated will not be accepted. Phone Calls, Emails and faxes will not be accepted. Responses from the District will be communicated via the electronic bidding 5/7/2021 SECTION 00 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS SOLICITATION - INVITATION TO BID PHASE 2 2 system. This project is being funded, in part, by the California Drinking Water State Revolving Fund (DWSRF) Program. The Contractor will be required to comply with State and federal contract rules and regulations including requirements for Disadvantaged Business Enterprise (DBE) and American Iron and Steel (AIS) as detailed in Sections 00 74 00 and 00 75 00 of the Specifications. The prime contractor is required to provide documentation that the local U.S. Small Business Administration (SBA) and/or the Minority Business Development Agency (MBDA) of the U.S. Department of Commerce were notified of the contracting opportunity at least thirty (30) calendar days prior to the bid opening date. A bid will be considered non-responsive unless it includes the forms required in Section 00 75 00 to be completed and submitted with the Bid. A mandatory virtual (online) Pre-Bid Conference will be held using GoToMeeting by the South Tahoe Public Utility District on Tuesday, May 25, 2021 at 11:00 AM. Prospective bidders must RSVP for the Pre-Bid Conference in advance via the following link: https://attendee.gotowebinar.com/register/3558195964085528332 Any bidder absent from the Pre-Bid Conference shall have their bid disqualified as nonresponsive. A virtual tour of the site of work w ill be conducted as part of the Pre-Bid In accordance with the provisions of California Public Contract Code section 3300, the South Tahoe Public Utility District has determined that the bidder shall possess a valid class A contractor license at the time of bid opening, the Contract is awarded and for the duration of the Contract. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to awarding the contract to any bidder not possessing said license at the time of award. This project is subject to prevailing wage requirements. As a federally-funded project, the work is subject to both California labor standards and federal labor standards including the Davis-Bacon Act (40 USC 3142). The general prevailing rate of per diem wages and the general prevailing rate of per diem wages for holiday and overtime work must be paid for the locality in which the work will be performed for each craft, classification, or type of worker needed. The higher of either state of California or federal prevailing wages must be paid. The prevailing wages for the work are on file at the District’s office. The federal prevailing wages for this project are included as an attachment to the bid documents. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Pursuant to Labor Code sections 1725.5 and 1771.1, Section 7029.1 of the Business and Professions Code, and Section 10164 and 20103.5 of the Public Contract Code, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration with the Department of Industrial Relations. Bidder shall certify that Bidder and all listed subcontractors are currently and validly registered with the Department of Industrial Relations and shall include its registration number on its bid. Each Bidder shall provide the registration number for each listed subcontractor in the space provided. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project. It shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements. Notice is hereby given that the project is subject to federal requirements for Equal Employment Opportunity, set forth in 41 CFR Part 60 and defined in Section 00 74 00 of these Specifications, 5/7/2021 SECTION 00 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS SOLICITATION - INVITATION TO BID PHASE 2 3 including the “Equal Opportunity Clause” and Standard Federal Equal Employment Specifications”. Pursuant to the provisions in Section 6707 of the California Labor Code, each Bid submitted in response to Section 00 10 00, Solicitation - Invitation to Bid, shall contain adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders for the State of California. All electronic bids shall be accompanied by a bid security amounting to ten percent (10%) of the bid or as detailed in Section 00 20 00, Instructions for Procurement, Part 2.05. The successful bidder will be required to furnish the District with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California. Notice is further given that, pursuant to Section 22300 of the California Public Contract Code, the contractor is permitted to substitute securities for any moneys withheld by the District to ensure performance under a contract as specified in Section 00 20 00. Pursuant to Public Contract Code §3400(b), if the District has made any findings designating certain materials products, things, or services by specific brand or trade name without alternative, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in Section 01 60 00, Product Requirements, of the Contract Documents. The South Tahoe Public Utility District reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards to the lowest responsive, responsible bidder in the best interest of the District. If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. Julie Ryan, P.E. Engineering Manager/District Engineer SOUTH TAHOE PUBLIC UTILITY DISTRICT END OF SECTION 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 1 SECTION 00 20 00 INSTRUCTIONS FOR PROCUREMENT INSTRUCTIONS TO BIDDERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Conditions affecting award of Contract and procedures with which bidders and proposers must comply. 1.02 DEFINITIONS A. Terms used in these Instructions to Bidders and defined in Section 00 71 00, Contracting Definitions, shall have the meaning stipulated in such Section 00 71 00, Contracting Definitions. B. The electronic Bid Schedule consists of the table in the “Line Items” tab for the project on the electronic bidding system. C. The following additional terms used in these Instructions to Bidders shall have the meaning stipulated: 1. Award: The formal acceptance of the Bid and other executed Bid Forms by the District. 2. Bid: The price proposed by Bidder in the appropriate electronic Bid Schedule, completed on the electronic bidding system, for performance of the Work. 3. Bidder: A person, firm, or corporation who having purchased a set of Contract Documents intends to submit a Bid and other Bid Forms to the District, or one who submits a Bid and other executed Bid Forms to the District. 4. Successful Bidder: The Bidder to whom the District makes the award of the Contract for performance of the Work. PART 2 PROCEDURES 2.01 EXAMINATION OF DOCUMENTS, SITE AND CONDITIONS A. Before submitting a bid, bidders shall carefully examine and be thoroughly familiar with the Contract Documents, visit the site of work, fully inform themselves as to all existing conditions and limitations, review those documents identified in Section 00 30 00, Information Available to Bidders, and shall include sums in the bid covering the cost of each item included in the Contract. B. Only the Contract Documents shall be relied upon for execution of Bids and other Bid Forms. 1. Unless corroborated by the Contract Documents, statements or representations regarding the Work made prior, during, or after bidding by the District, Design 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 2 Engineer, or Engineer will not be binding and shall not be considered by Bidders for preparation of Bids. 2. The District, Design Engineer, and Engineer will not be responsible for explanations or interpretations of the Contract Documents other than those issued by Addenda. C. Complete sets of Contract Documents shall be used by Bidders (and their respective subcontractors) to prepare Bids. 1. The District, Design Engineer, and Engineer assume no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. D. Submission of a Bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of Contract Documents. The failure or neglect of a bidder to make such examinations shall in no way relieve the Bidder from any obligations with respect to its bid or to the Contract Documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any provision of the Contract Documents. 2.02 PRE-BID CONFERENCE A. Time and Place: A mandatory pre-bid conference will be held at the time and place specified in the Section 00 10 00, Solicitation – Invitation to Bid. 2.03 ELECTRONIC BIDDING A. Plans and specifications may be obtained by visiting the District’s website at http://www.planetbids.com/portal/portal.cfm?CompanyID=21516 which can reached by selecting “NOTICE INVITING BIDS (PlanetBid-Portal)” on the STPUD website http://stpud.us/doing-business/construction-projects/construction-project-bids/. Prime Bidders are advised that proposed subcontractors should obtain their own sets of Contract Documents from the District website so that they will be placed on the District’s email list for addenda. The District will not be responsible for sending addenda to any person not listed on the prospective bidder list. B. For a bid to be considered responsive it must include the following parts, all submitted electronically through the online bidding system prior to the exact date and time set forth in Section 00 10 00. Forms may be submitted as a single electronic file, or separate files, at the Contractor’s discretion within the constraints of the electronic bidding system, but all parts must be present. 1. Electronic Bid Schedule consisting of the table in the “Line Items” tab for the project on the electronic bidding system. A copy of the Bid Schedule is included in Section 00 41 00, Bid Forms, for reference only and need not be filled out 2. Section 00 41 00, Bid Forms- all forms provided (excepting the sample bid schedule) shall be completed in their entirety, including the Bid Security and long-hand signature of bidder. Bid Forms may be printed, completed and scanned for submission, but shall not be altered or modified from their original form. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 3 3. Section 00 75 00, Grant Forms – those forms identified in Part 1.01.A as necessary to be submitted with the Bid shall be completed in their entirety. Grant Forms may be printed, completed, and scanned for submission, but shall not be altered or modified from their original form. C. Bidders are responsible for submitting and having their bids accepted by the electronic bidding system before the closing time set forth in Section 00 10 00, Solicitation-Invitation to Bid or as changed by addenda. NOTE: Pushing the submit button on the electronic bid system may not be instantaneous; it may take time for the Bidder’s documents to upload and transmit before the bid is accepted. It is the Bidder’s sole responsibility to ensure their documents are uploaded, transmitted, and arrive in time electronically. The District will have no responsibility for bids that do not arrive in a timely manner, no matter what the reason. The electronic bid system will close exactly at the date and time set forth in Section 00 10 00, Solicitation - Invitation to Bid or as changed by addenda. D. The top three bidders (at a minimum) will be required to submit the original Bid Forms within the time stated in Section 00 10 00, Solicitation – Invitation to Bid. Failure to do so may result in forfeiture of the Bidder’s bid security and/or rejection of bid. The District reserves the right to request original Bid Forms from any or all bidders. E. In the case of a discrepancy between the electronic bid amount and the original Bid Forms, the electronic bid amount will be the accepted bid. F. For Bids to receive consideration, they shall be made in accordance with the following instructions: 1. Bidder will be required to download all contract documents, including but not limited to the Bid Forms, Specifications, Plans, and any addenda, prior to submitting a bid. 2. All notations in the bid must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid. G. All bids shall be made in accordance with applicable statutes of the State of California including, but not limited to, the California Government, Labor and Public Contract Codes, applicable local laws, and as specified in this Book of Contract Documents containing the Specifications. H. Bid prices shall include everything necessary for the completion of the Project and fulfillment of the Contract including, but not limited to, furnishing all materials, equipment, tools, and other facilities and all management, superintendents, labor and services, except as may be provided otherwise in the Contract Documents. Bid prices shall include all applicable federal, state, and local sales and use taxes. 2.04 SIGNING THE BID FORM A. The bid shall: 1. Include the legal name of the bidder. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 4 2. Identify the bidder as a sole proprietor, a partnership, a corporation, or any other legal entity. 3. Be signed by the person or persons legally authorized to bind the bidder to a contract for the execution of the Work. 4. Include a list of subcontractors. B. A bid submitted by an agent shall have a valid Power of Attorney (Bid Certificate) attached certifying the agent's authority to bind the bidder. C. The signature of all persons signing shall be in longhand. 2.05 BID SECURITY A. Each bid shall be accompanied by a bid security in the form of: (a) cash, (b) certified check made payable to the District; (c) a cashier’s check made payable to the District; or (d) a bid bond payable to the District, executed by the bidder as principal and surety as obligor, in an amount not less than ten percent (10%) of the maximum amount of the Bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be a California admitted surety insurer, as defined in the Code of Civil Procedure Section 995.120. The check or bond shall be given as a guarantee that the bidder, if awarded the Contract, will promptly execute such Contract in accordance with the Bid and in manner and form required by these Contract Documents and will furnish the specified bonds. B. In the event a bond is submitted, the bond shall be signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said District in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him execute the agreement, provide the required insurance submittals, secure payment of workman’s compensation insurance, furnish a satisfactory performance bond in the amount of one hundred percent (100%) of the total bid price and furnish a satisfactory payment bond in the amount of one hundred percent (100%) of the total bid. C. Retention of bid security: 1. The bid securities of the three lowest bidders will be retained until the Contract is awarded and signed and satisfactory bonds furnished, or other requirements completed to the reasonable satisfaction of the District. 2. The bid securities of all bidders will be returned within 60 days. D. Each bidder shall be required to submit a copy of their bid security when submitting their electronic bid. The original bid security (in the acceptable forms listed in Part 2.05.A, above) shall be delivered to the District Office by the date and time specified in Section 00 10 00, Solicitation – Invitation to Bid. An electronic bid not accompanied by a copy of (a) cash, (b) certified check made payable to the District; (c) a cashier’s check made payable to the District; or (d) a bid bond payable to the District may be rejected 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 5 2.06 AWARD OR REJECTION OF BIDS A. The District reserves the right to accept or reject any or all Bids when deemed best for the public good, and to waive any Bid informality, irregularity, and nonconformity when deemed best for the public good. 1. Bids shall be evaluated, in part, based on meeting the requirements of the Plans and Specifications. Bids that do not meet the requirements of the Plans and Specifications may be deemed non-responsive and rejected by the District. 2. At the District’s request, within 48 hours after the Bid Opening, Bidder shall provide evidence and documentation in support of the Good Faith Effort, as required in Section 00 74 00, Part 2.10. B. When Bids are not rejected, the Contract will be awarded to the lowest responsive responsible Bidder. 1. The low Bid will be the Bid with the lowest net total arrived at by combining the Bid lump sum prices and unit prices for the Bid Items on the electronic Bid Schedule. 2. If alternate bid items are called for in the Contract Documents, then consideration for alternatives in determining the low bid shall be as set forth in Section 00 10 00. 3. When award is made, Notice of Award will be sent to the selected Bidder by certified mail. C. The award, when made, will be made within the time stipulated for Bids to remain subject to acceptance in Section 00 41 00. 2.07 NOTICE OF AWARD A. Acceptance of Award: The acceptance of the Notice of Award must be executed and returned to the District within five (5) business days of the date of the Notice of Award. B. Required Bonds: The successful bidder, upon Notice of Award, is required to execute the contract and furnish the required bonds, in the form required by the District, and evidence of insurance, stipulated below, within fifteen (15) calendar days from the date of the notice. C. Presumption of Satisfactory Qualifications of Surety: The surety insurer shall be a California admitted surety insurer, as defined in the Code of Civil Procedure Section 995.120. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. D. Insurance Endorsement: Insurance requirements are stipulated in Section 00 73 00, Supplementary Conditions. Successful Bidder shall furnish the insurance documents required in that Section. The Contract shall not become effective until such insurance documents have been supplied to and accepted by the District. No other insurance documents shall be accepted in substitution of, nor in addition to, those specified above. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 6 E. Examination of Forms: The forms of Contract, which the successful bidder as Contractor will be required to execute, and the forms of bonds which he will be required to furnish, shall be carefully examined by the bidder. 1. Such forms are included in this book of Contract Documents. F. Number of Copies: The Contract and the Bonds will be executed in two (2) original counterparts. 2.08 EXECUTION OF CONTRACT A. The Notice of Award will be issued by the District to the successful bidder and will indicate the time schedule for execution of the Contract. 1. The Contract package will be mailed with the Notice of Award. 2. The Contract and all required related documents including the Performance Bond, Payment Bond, Corporate Resolution, insurance submittals and other required documents, as described in the Contract Documents shall be executed, completed, and delivered to the South Tahoe Public Utility District, not later than 4:30 PM on the fifteenth (15th) calendar day following the Notice of Award of the Contract. B. In the event the documents submitted do not meet the requirements of the District, District staff will notify the bidder, by telephone, as to how the documents are insufficient, or incomplete, and the bidder shall have five (5) business days, from the phone call to remedy such insufficient or incomplete documents. C. In the event the bidder fails to remedy insufficient or incomplete documents within five (5) business days or the bidder fails to submit the documents within the time limitation described in preceding Paragraph B, then the bidder may be considered to have defaulted and would thus have no further rights under and by virtue of the award of the contract. If the bidder is found to have defaulted, then: 1. The District may award the contract to the next lowest, responsive, responsible bidder or rebid the project as determined by the District in its sole discretion; and 2. Upon default of the bidder the District shall have the right to collect the bid security. 2.09 NOTICE TO PROCEED A. Upon providing the District the executed contract, evidence of insurance and bonds, in compliance with the Contract Documents, the District will issue a Notice to Proceed. Acceptance of notice shall be signed within fifteen (15) calendar days from the date of the Notice to Proceed and returned to the District. No work shall proceed until said acceptance is signed and timely received by the District. All commitments, subcontracts, and materials ordered until the acceptance is received shall be at risk of Bidder. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 7 PART 3 CONDITIONS AND INSTRUCTIONS 3.01 EXPERIENCE AND BUSINESS STANDING A. Qualification of Bidders: Each Bidder shall possess a contractor’s license for the type of work required on this Contract, issued by the Contractors State License Board, valid at the time of bid and time of award of Contract and for the duration of the Contract. Likewise, specialty subcontractors may also be required to possess a contractor’s license for the type(s) of work required on this Contract. The class of license shall be as specified in Section 00 10 00, Solicitation - Invitation to Bid. Each Bidder shall also have no less then five (5) years experience in the magnitude and character of the work being bid. Each Bidder shall have successfully completed no less than five (5) similar type projects of the same or larger capacity. B. Debarred Contractors: In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or 1777.7 of the Labor Code. C. Experience Statement: The District may require that Bidders under consideration for award of the Contract submit a statement setting forth that bidder’s experience. 1. Along with this statement, each bidder shall list similarly constructed projects showing total project costs, when constructed, and the names, addresses, and phone numbers of the owners. D. Financial Statement: Bidders may be requested to submit a financial statement, references, and other information sufficiently comprehensive to permit an appraisal of the CONTRACTOR’s current financial condition. Such statement shall be in a form and substance similar or equal to the form for that purpose developed and published by the Associated General Contractors of America 1. The financial statement shall be submitted within five (5) days of receipt of the request from the District. 2. If bidder fails to submit the financial statement, or if the financial statement is not satisfactory to the District, the bid of such bidder shall be considered non- responsive, and such bid will be rejected by the District. E. Resume Statement: Bidders may be requested to submit the experience resume of the person who will be designated chief construction superintendent or onsite construction manager 1. The experience resume shall be submitted within 5 days of receipt of the request from the District. 2. Where Bidder fails to submit the experience resume, or where the experience resume is not satisfactory to the District, the Bid of such Bidder shall be considered non-responsive, and such Bid may be rejected by the District. 3.02 COPIES AND USE OF BIDDING DOCUMENTS A. Contract Documents may be obtained as stipulated in Section 00 10 00, Solicitation - Invitation to Bid. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 8 B. Contract Documents are made available to Bidders for the purpose of obtaining Bids for performance of the Work. No license or grant is given for other uses of the Contract Documents. 3.03 INTERPRETATION OF CONTRACT DOCUMENTS A. Questions: If any bidder contemplating submitting a bid does not understand any part of the Contract Documents, or finds discrepancies in or omissions from the Contract Documents, that bidder shall submit to the District a written request for an interpretation or correction by the means specified in 00 10 00, Solicitation – Invitation to Bid. B. Interpretations or Corrections: Interpretation or correction of the Contract Documents will be made only by Addendum duly issued and a copy of such Addendum will be distributed via the electronic bidding system. 1. The District will not be responsible for any other explanations or interpretations of the Contract Documents. C. Documents to Rely Upon: Only the Contract Documents and Addenda shall be relied upon for preparation of Bids. Statements or representations made by or on behalf of the District regarding the Project prior, during, or after the bidding will not be binding upon the District. 3.04 QUESTIONS DURING BID PERIOD A. Questions regarding the Contract Documents and bidding procedures shall be submitted electronically to our electronic bidding system within the time limit specified in Section 00 10 00, Invitation to Bid. B. The request for clarification or interpretation shall be dated and shall identify (1) the Work, (2) the statement or the drawing that is in question, (3) the documents in which they occur, (4) the reasons for which the clarification or interpretation is necessary, and (5) the name and title of the person submitting the request. C. Clarifications, interpretation, and correction to Contract Documents will by issued only by Addendum, as set forth in Part 3.5, below. D. Questions regarding the Bid Documents should be submitted to the District in sufficient time for the District to prepare a response prior to bid opening. 3.05 ADDENDA A. A notice that an addendum has been issued will be distributed via email to persons, firms and corporations registered as Vendors and perspective bidders for the project on our electronic bidding system. Copies of all addenda must be downloaded from our electronic bidding system before a bidder can submit a bid. B. Addenda issued during the time of bidding shall be covered in the bid and shall become a part of the Contract Documents. C. Bidders shall acknowledge receipt of any and all addenda in their bid. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 9 D. In accordance with Public Contract Code §4014.5, if an addendum includes material change to the project and is issued less than 72 hours before the bid date, the District must extent the deadline for the submission of bids. The District reserves the right to determine in its sole discretion whether an addendum includes material changes to the project. E. It is the Bidder’s responsibility to determine that they have received any and all Addenda prior to bidding. The bidder is advised to contact the District prior to the bid opening to confirm that all Addenda have been received. 3.06 BIDDERS INTERESTED IN MORE THAN ONE BID A. Interest in More Than One Bid: No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. 1. A person, firm, or corporation who has submitted a sub-bid to a bidder, or who has quoted prices on materials to a bidder, is not disqualified from submitting a sub-bid or quoting prices to other bidders. B. Rejection in Case of Collusion: 1. Reasonable grounds for believing that any bidder is interested in more than one bid for the same work, will cause the rejection of all bids for the Work in which such a bidder is interested. 2. Any or all bids will be rejected, in the sole discretion of the District, if there is reasonable grounds for believing that collusion exists among any of the bidders. C. Noncollusion Declaration: Pursuant to provisions in Section 7106 of the State of California Public Contract Code, bidders shall submit with their bids the notarized Noncollusion Declaration executed in the form included with the bid documents. 3.07 SUBSTITUTION OF SECURITIES A. Section 01 20 00 calls for progress payments based upon the percentage of the work completed. The District will retain a portion of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the District will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. B. Securities may be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the contractor upon satisfactory completion of the contract. Securities eligible for investment shall include those listed in Section 16430 of the California Government Code, or bank or savings and loan certificates of deposit. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 10 3.08 SUBCONTRACTORS A. Bidders shall list, in Section 00 41 00, Bid Forms, the name, location of place of business, and the portion of the Work which will be performed by each Subcontractor who will furnish work or labor or render services to Bidder, as CONTRACTOR, in or about the Work, in an amount in excess of 0.5 percent of Bidder's total Bid. B. Circumventing by Bidder of the requirement to list subcontractors by the device of listing one subcontractor who will in turn sublet portions constituting the majority of the work covered by this Contract shall be considered a violation of the California Subletting and Subcontracting Fair Practices Act, Division 2, Part 1, Chapter 4 of the California Public Contract Code and shall subject CONTRACTOR to the penalties set forth in Sections 4110 and 4111 of said Code. C. Substitutions of subcontractors identified in the List of Subcontactors shall be granted only for those reasons allowed by the Public Contact Code §4107.5. The procedures for substitution shall be as provided in said Public Contract Code, Section 4107.5. D. Debarred subcontractors may not bid on the Project as defined in Part 3.01.B. Any contact on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the District. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. E. The District and the Engineer reserve the right to approve all subcontractors. Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of subcontractor which is submitted with his proposal will be deemed to be acceptable. 3.09 MATERIALS AND EQUIPMENT LIST A. Bidders shall prepare, using the form provided in Section 00 41 00, Bid Forms, and submit with the Bid a complete list of materials and equipment, indicating manufacturer, identifying at a minimum the components included on the Materials and Equipment List in Section 00 41 00, Bid Forms. 3.10 NONRESTRICTIVE SPECIFICATION A. Materials and Equipment Identified by Brand or Trade Names 1. Pursuant to Public Contract Code Section 3400(b) the District may make a finding that designates certain products, things, or services by specific brand or trade name. Such materials and equipment may not be substituted and are identified in the Contract Documents. 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 11 2. Pursuant to Public Contract Code §3400, all brand or trade names shall be considered to be followed by the words “or equal” unless required findings have been made and noted in the notice inviting bids. 3.11 WORKERS’ COMPENSATION REQUIREMENTS A. The Bidder should be aware that in accordance with Section 3700 of the California Labor Code, the Bidder will, if awarded a Contract, be required to secure the payment of compensation to its employees and execute the workers’ compensation certificate in the form contained in these Contract Documents. 3.12 SHEETING, SHORING, AND BRACING A. Bidders shall state in the appropriate space on the electronic Bid Schedule, the price for sheeting, shoring, and bracing, or equivalent method meeting regulatory requirements, for the protection of life and limb in trenches and open excavation, in accordance with the requirements defined in Section 01 10 00, Solicitation – Invitation to Bid. 3.13 CONFINED SPACE ENTRY A. Pursuant to the provisions in General Industry Safety Orders, Article 108 (Title 8, CCR, Section 5156 et seq.) (CALOSHA), each bid submitted in response to Section 00 10 00, Solicitation - Invitation to Bid, shall contain adequate procedures, methods and personnel to complete confined space entry 3.14 IRREGULAR BIDS A. Bids may be considered irregular and may be rejected as non-responsive by the District if they show any alterations of form, unauthorized additions, unauthorized conditional or alternate bids, incomplete bids, recapitulations, unbalanced prices, erasures, or irregularities of any kind. B. No bid will be considered unless accompanied by the Bid Security in the required type and amount. C. C.No oral, telegraphic, telephonic, or modified bid will be considered. 3.15 WITHDRAWAL OF BID A. Prior to Bid Opening: Any bidder may withdraw its bid, either personally or by telegraphic or written request received by the District at any time prior to the scheduled closing time for receipt of bids. B. After Bid Opening: 1. A bidder may withdraw its bid after the opening of bids providing the bidder can establish to the District's satisfaction that a mistake was made in preparing the bid as provided in the California Public Contracts Code. a. A bidder desiring to withdraw its bid shall give written notice to the District within five (5) business days after opening of bids specifying in detail how 05/13/2021 SECTION 00 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INSTRUCTIONSFOR PROCUREMENT 12 the mistake occurred and how the mistake made the bid materially different than it was intended. b. Withdrawal will be permitted for mistakes made in filling out the bid and will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of Work or in reading the Contract Documents. 3.16 BIDDING PROTEST PROCEDURES A. Time for Submitting Protests: .A protest regarding Bid opening procedures, Bids, or the selection of the Successful Bidder shall be submitted in writing, by the protesting Bidder to the District, so that the protest is received by the District within 7 calendar days after Bid opening. B. Protests shall include a clear detail of the reason for the protest and the remedies sought by the Bidder submitting the protest. C. The District will issue a response within 7 calendar days after receipt of a protest. D. As condition precedent for litigation on matters covered under this Part 3.16, Bidder shall have filed a protest and allowed time for the District’s response in accordance with preceding paragraphs A. through C. E. These bidding protest procedures are also posted on the District’s website at the following address http://stpud.us/doing-business/construction-projects/construction- project-bids/ 3.17 CONSTRUCTION SCHEDULE AND SCHEDULE OF VALUES A. The bidder selected by the District shall be required to prepare and submit a construction schedule in accordance with Section 01 32 00, Construction Progress Documentation. B. Likewise, if the Basis for the Bid was Lump Sum, as defined in Part 2.07 herein, then the successful bidder may be required by the District to submit a schedule of values for the lump sum bid items, providing a breakdown of costs of which the lump sum bid items are comprised. 3.18 CONTRACT DOCUMENTS TO SUCCESSFUL BIDDER A. Sets Free of Charge: The bidder to whom award is made may obtain three (3) sets of Contract Documents for the Work at no extra cost. B. Additional Sets: Additional sets may be purchased at the cost of reproduction. C. The Contractor shall have no` claim for excusable delay on account of the failure of the Engineer to deliver such Contract Documents unless the Engineer shall have failed to deliver the same within two weeks after receipt of the Notice of Award. END OF SECTION 5/13/2021 SECTION 00 30 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INFORMATION AVAILABLE TO BIDDERS 1 SECTION 00 30 00 INFORMATION AVAILABLE TO BIDDERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: This Section references site information shown in the Contract Documents (i.e. existing utility locations) prepared for the District’s purposes and made available to the Bidders and the Contractor for his information. Such site data is not a part of the Contract Documents notwithstanding its being bound with them or listed as among their contents. PART 2 REQUIREMENTS 2.01 RESPONSIBILITY FOR ACCURACY OF SITE DATA A. Except as indicated in Section 01 73 00, Part 2.05, the Contractor is responsible for accuracy of site data; the District and Design Engineer do not guarantee their accuracy, nor their adequacy, nor their correctness, nor that data is representative of all conditions the Contractor may encounter on the project site and makes no representation as to their correctness. B. The Bidders and Contractor shall assume responsibility for results of acting on conclusions he draws from this data. If they choose not to accept such responsibility, they shall employ their own experts to determine additional information and they shall be responsible for results of acting on conclusions they draw from information obtained on their own initiative. END OF SECTION 5/13/2021 SECTION 00 30 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 INFORMATION AVAILABLE TO BIDDERS 2 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 1 SECTION 00 41 00 BID FORMS BID TO SOUTH TAHOE PUBLIC UTILITY DISTRICT for the Construction of KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 DOCUMENTS IN THIS SECTION CONSTITUTE THE BID FORMS. BIDDERS ARE TO COMPLETE AND ATTACH THE DOCUMENTS CONTAINED IN THIS SECTION AS INSTRUCTED IN SECTION 00 20 00, INSTRUCTIONS FOR BIDDERS, AND SUBMIT THE COMPLETED BID PROPOSAL PACKAGE IN ITS ENTIRETY ELECTRONICALLY PRIOR TO THE BID DEADLINE. BIDDER IS REQUIRED TO SUBMIT THE ORIGINAL DOCUMENTS CONTAINED IN THIS SECTION WITHIN THE TIME STATED IN SECTION 00 10 00, SOLICITATION – INVITATION TO BID (SEE SECTION 00 20 00, INSTRUCTIONS FOR BIDDERS, PART 2.03) Name of Bidder: Business Address: Phone No: To South Tahoe Public Utility District: Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned, Bidder, being fully familiar with the terms of the Contract Documents, local conditions affecting the performance of the Contract, the character, quality, quantities, and the Scope of the Work, the cost of the Work at the place where the Work is to be done, hereby proposes and agrees to perform within the time stipulated in the Contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the Contract and complete in a workmanlike manner, all of the Work required in connection with the construction of said Work, all in strict conformity with the Specifications and other Contract Documents, including Addenda Nos. ____________________________________, for the prices hereinafter set forth. Bids that are submitted via the District’s electronic bidding system at the time set for opening of Bids shall be irrevocable, and may not be withdrawn for a period of sixty (60) days after the date set for the opening of the bids except as noted in Section 00 20 00, Part 3.14. ELECTRONIC BID SCHEDULE PRICES: 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 2 All applicable sales taxes, State and/or Federal and any other special taxes, patent rights, or royalties are included in the prices quoted in this Bid. The quantities specified are the DISTRICT’s estimates and are approximate only, being given as a basis for the comparison of Bids. The DISTRICT does not, expressly or by implication, agree that the actual amount of work will correspond therewith. The total amount bid will be used to determine the lowest, responsive, responsible, Bidder. Payment for each item will be based on the actual quantity of work performed times the item unit contract price. Determinations of the actual quantities and classifications of unit price work performed by the CONTRACTOR will be made by the DISTRICT and may be more or less than the specified, estimated quantities. Unless otherwise indicated in the Bid Item Descriptions, the unit price shall be valid for actual quantities up to 25% more than or less than the bid quantity. All representations made by Bidder in this Bid are made under penalty of perjury. DATED: BIDDER: BY: SIGNATURE TITLE: 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 3 INFORMATION REQUIRED OF BIDDER DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION: Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Contractor DIR Registration Number: _______________________ LIST OF SUBCONTRACTORS: The Bidder shall list in the space provided, the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime CONTRACTOR in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime CONTRACTOR, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime CONTRACTOR'S total bid or ten thousand dollars ($10,000), whichever is greater. The Bidder shall list the Subcontractor’s License Number and, in accordance with Labor Code Section 1725.5 and 1771.1, the Subcontractor’s Department of Industrial Relations Registration Number. The Bidder shall also list the portion of the work that will be done by each Subcontractor under this Contract. The prime CONTRACTOR shall list only one SUB-CONTRACTOR for each portion as is defined by the prime contractor in his or her bid. Failure to list subcontractors with portions of the Work in excess of the minimum amounts listed above constitutes a declaration by the CONTRACTOR that it is qualified and able to self-perform the work. Any CONTRACTOR found to be unqualified or unable to self-perform any part of the Work not listed below may be disqualified. The Bidder's attention is directed to the provisions of Section 00 73 00, Supplemental Conditions, Part 2.06, entitled Subcontracts. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 4 ATTACH ADDITIONAL PAGES, IF NECESSARY Work to be Performed Subcontractor’s License # Subcontractor’s DIR Registration # Percent of Total Contract Subcontractor’s Name and Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 5 EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder shall indicate below which Supplier the Bidder intends to use to furnish under the Bid each item of equipment or material listed on this form by writing the supplier’s name.. Unless the use of alternatives for a particular item has been restricted by these Contract Documents, the Bidder may list any manufacturer whose product meets all of the requirements and technical criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. Equipment/Material Supplier Manufacturer 1. 150,000 Gallon Bolted Steel, Factory Coated, Water Tank 2. Aluminum Dome Roof 3. Cathodic Protection System 4. Duckbill/Backflow Valve 5. Tank Mounted Communication/ Instrumentation Cabinet 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 6 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 7 BIDDER'S GENERAL INFORMATION: The Bidder shall furnish the following information. Additional sheets shall be attached as required. Failure to complete Item Nos. l through 7, at the time of bid submittal will cause the bid to be non- responsive and may cause its rejection. Bidders shall submit Item Nos. 8 and 9 if requested by the OWNER prior to award of contract. No award will be made until all of the Bidder's General Information (i.e., Items l through 7, inclusive and Items 8 and 9, if requested) is delivered to and accepted by the OWNER. (1) Contractor's Name and Address: (2) Contractor's Telephone Number: (3) Contractor's License: Primary Classification State License No. Expiration Date: Supplemental Classifications held, if any: Name of Licensee, if different from (1) above: (4) Name of person who inspected site or proposed W ork for your firm: Name: Date of Inspection: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: (6) Complete and sign the "Noncollusion Declaration" on Page 004100-9 as required by California Public Contract Code Section 7106. (7) List three projects completed as of recent date involving work of similar type and complexity: 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 8 Project Contract Price Name, address, telephone # of OWNER 1. 2. 3. 4. 5. (8) The experience resume of the person who will be designated chief construction superintendent or on-site construction manager. (9) A financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of Contractor's current financial condition. The financial statement shall be in accordance with Section 00 20 00, Part 3.01.D. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 9 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ (Position) of ______________________ (Firm), the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ________________[city], __________________[state]. _____________________________________________ Signature of Declarer State of California Subscribed and sworn to (or affirmed) before me This _____ day of __________________, 20___, County of ________________ _______________________________________ (name of signor) proved to me on the basis of satisfactory evidence to be the person who appeared before me. _______________________________________ (Seal) Signature of Notary ___________________________________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 10 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 11 BID BOND KNOW ALL MEN BY THESE PRESENTS, That ______________________________________________________________as Principal, and _____________________________________________________as Surety, are held and firmly bound unto SOUTH TAHOE PUBLIC UTILITY DISTRICT, hereinafter called "OWNER," in the sum of __________________________________________ dollars, (Not less than 10 percent of the total amount of Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the bidding schedule(s) of the OWNER's Contract Documents entitled: Keller-Heavenly Water System Improvements Project, Phase 2. NOW, THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. FURTHERMORE, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of such changes. In the event suit is brought upon this bond by said OWNER and OWNER prevails, Surety shall pay all costs incurred by said OWNER in such suit, including attorney’s fees and costs.. SIGNED AND SEALED, this_____________day of,___________20__ _______________________________________ (Principal) _______________________________________ (Signature for Principal) (Title) Surety _______________________________________ _______________________________________ (Signature for Surety) (Title) 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 12 Surety's address in California for service of process: _______________________________________ _______________________________________ _______________________________________ STATE OF CALIFORNIA ) ) SS. COUNTY OF __________________ ) On _________________________ before me, ___________________________, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the _______________________ (Surety) thereto and his/her own name as the representative of the Surety. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public in and for said State (SEAL) Commission expires: __________________ NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 13 ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS This Document Must Be Fully Executed By Contractor and Submitted With The Bid The following insurance requirements have been adopted by The South Tahoe Public Utility District hereinafter designated the "OWNER," and shall be applicable to this Contract. Insurance Requirement Summary The CONTRACTOR shall furnish, prior to Notice to Proceed, Insurance Certificates and Endorsements as set forth in Section 00 20 00, Part 2.08.D and Section 00 73 00, Supplementary Conditions, Part 2.01. No other insurance documents shall be accepted in substitution of, nor in addition to, those set forth in Section 00 20 00, Instructions for Procurement. Insurance requirements and coverage will be in accordance with Section 00 73 00, Supplementary Conditions, Part 2.01. The CONTRACTOR shall not commence work under this Contract until all insurance required under this heading is obtained in a form acceptable to OW NER, nor shall the CONTRACTOR allow any Subcontractor to commence work on a subcontract until all insurance required of the Subcontractor has been obtained. I, , the (Insert Title) of (Name of Company or Corporation or Owner) certify that the Insurance Requirements Summary has been read and understood and that as a material consideration of our bid, we are able to provide the document and coverage specified. Signature of President, Secretary, Manager, Owner, or Representative Date: 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 14 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 15 CERTIFICATION BY CONTRACTOR'S INSURANCE BROKER This Document Must be Fully Executed By Contractor's Insurance Broker and Submitted With the Bid I, ______________________________________________, am an authorized representative of (Individual’s name and brokerage name) _______________________________________________. This company is the insurance broker (Insurance Company) for ___________________________________ (“Contractor”). (Contractor) By my signature below, I hereby attest to the following: 1. I have reviewed the insurance requirements for the South Tahoe Public Utility District’s Keller-Heavenly Water System Improvements Project, Phase 2 (“Project”), including the requirements set forth in Section 00 73 00, Supplementary Conditions, Part 2.01 of the Contract Documents. 2. The Contractor is eligible to be insured for the policies necessary to satisfy the insurance requirements for the Project. This certification is not intended to be binding of coverage and does not modify and/or alter the terms and conditions of the insurance policies issued to Contractor. Date: ______________________ _________________________________________ (Signature of authorized representative) for _______________________________________ State of California ) ) ss. County of ) On ________________ before me, ___________________________________, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 16 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 17 DESCRIPTION OF BID ITEMS The Bid Schedule includes the work to Keller-Heavenly W ater System Improvements Project, Phase 2, including the one year warranty period on parts, labor, and materials. General Note: Distances and measurements, except elevations and structural dimensions, shall be made on horizontal planes. Bid Schedule items 1 through 5 are presented to indicate major categories of work for the purpose of comparative bid analysis and payment breakdown for monthly progress payments. Bid Items are not intended to be exclusive descriptions of the work categories. The CONTRACTOR shall determine and include in his pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified in the Contract Documents whether specifically described in the following or not. Bid Item 1 - Mobilization and Demobilization: includes, but is not limited to: obtaining of bonds, insurance and financing, movement of equipment, materials and personnel to and from the job site, supervision, certificates, permits, submittals and RFIs, utilities, site maintenance, cleanup, dust control and work incidentals to the contract not specifically identified under the remaining items or costs incurred prior to beginning work and after completion of work on the various contract items. The cost for this item shall not exceed 10 percent (10%) of the total bid without documented justification, nor shall the CONTRACTOR submit for payment of all of the funds under this item until demobilization has been completed. The CONTRACTOR’s payment for this item shall be by the lump sum. Bid Item 2 - Erosion Control: includes, but is not limited to: installing, protecting and removal of BMPs, with measures acceptable to the District and governing agencies (filter fences have been used in the past, straw bales are no longer acceptable), inspecting and maintaining BMPs on a regular basis during the course of the work, dewatering of trenches, placing stockpiled materials in areas that are not subjected to washout, flooding, or natural drainage areas. Also, meeting the requirements of the Tahoe Regional Planning Agency permit and all labor, tools, materials, and work incidentals to the contract not specifically identified. Copies of the permit are on file at the DISTRICT offices. The CONTRACTOR’S payment for this item shall be by the lump sum. Bid Item 3 - Traffic Control: includes, but is not limited to: preparing an adequate traffic control plan, and maintaining proper traffic control measures during construction. The CONTRACTOR’S payment for this item shall be by the lump sum. Bid Item 4 – New 150,000 Gallon Bolted Steel Tank w/ Aluminum Dome Roof: Bid item 4 includes, but is not limited to: full compensation for all labor, equipment, tools, supplies and materials required to complete this item, including, but not limited to, design, furnish, and erect the new 150,000 gallon bolted steel water storage tank, aluminum dome roof, provisions for cathodic protection, tank piping and connections, anchorage if required, and all tank appurtenances in accordance with the Plans and Specifications. This item shall include design of the tank and aluminum dome roof, and provision of all calculations, including venting calculations. This item shall include interior and external coating and disinfection which includes, but is not limited to, surface preparation, sandblasting, scaffolding, protective equipment, prime manufacturer and coating and all materials and equipment required to apply the coating safely and to meet factory and 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 18 AWWA specifications. Heating/cooling and dehumidification equipment, if necessary, shall be included in this bid item. This item shall also include exterior coating of both the tank and roof, which price shall constitute full compensation for all labor, equipment, tools, supplies and materials required to complete this item, including, but not limited to, surface preparation, sand blasting, scaffolding, protective equipment, paint, installation, testing, tenting, heating, dehumidification, accessories and associated items required to provide a complete item as indicated on the plans and specified herein. The CONTRACTOR’S payment for this item shall be by the lump sum. Bid Item 5 – Cathodic Protection System: Bid Item 5 includes, but is not limited to: providing and installing cathodic protection components, coordination with tank manufacturer, initial and final installation (following the one-year tank inspection, including cleaning and disinfection), and all accessories and appurtenances required for a complete system in accordance with the drawings and specifications. The CONTRACTOR’S payment for this item shall be by the lump sum. END OF SECTION 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 19 CONSTRUCTION OF KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FOR SOUTH LAKE TAHOE PUBLIC UTILITY DISTRICT THE BID SCHEDULE IS TO BE COMPLETED ELECTRONICALLY IN THE ELECTRONIC BIDDING SYSTEM AMD IS INCLUDED HERE FOR INFORMATION PURPOSES ONLY. BID SCHEDULE: (Refer to Bid Descriptions for a more detailed description for each of the following bid items) Item No. Description Approx. Quantity Unit Price Amount 1. Mobilization and demobilization (Not to exceed 10% of the Total Bid, excluding this item) LS 2. Erosion Control LS 3. Traffic Control LS 4. New 150,000 Gallon Bolted Steel Tank w/ Aluminum Dome Roof LS 5. Cathodic Protection System LS The Total Bid shall be generated from the above bid items by adding together the total amount for each bid item, in accordance with the requirements of Section 00 20 00, Part 2.06.B. The sum of all the bid item amounts shall be the bidder’s bid and inserted, both in words and numerically, in this section. Total Bid Schedule $ ___________________________________________________________________ Total Bid Schedule written in words: _____________________________________________________________________ THE BID SCHEDULE IS TO BE COMPLETED ELECTRONICALLY IN THE ELECTRONIC BIDDING SYSTEM AMD IS INCLUDED HERE FOR INFORMATION PURPOSES ONLY. END OF BID SCHEDULE 5/13/2021 SECTION 00 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BID FORMS 20 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 1 SECTION 00 52 00 FORMAL CONTRACT THIS Contract, is made and entered into this ______ day of ________________________, 2021, by and between _________________________________________________________ hereinafter referred to as “Contractor,” and South Tahoe Public Utility District, El Dorado County, California, hereinafter referred to as “District”. WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, the District and the Contractor agree as follows: 1. That the Contractor will furnish all labor, materials, equipment, tools, transportation, services, appliances, and appurtenances for the construction of the Keller-Heavenly Water System Improvements Project, Phase 2 n accordance with the Contract Documents therefore, adopted by the Board of Directors of the above District, as prepared in part by Farr West Engineering of Reno, NV. 2. That the District will pay the Contractor progress payments and the final payment in accordance with the method set forth in the Contract Documents with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the Plans, Specifications, and Addenda, as follows: Total Bid - $___________. ________________________ Dollars and ________ Cents. 3. Contractor agrees to complete said work, following the issuance of the Notice to Proceed, by ___________ (or approved extensions thereof) and to the entire satisfaction of the District before final payment is made. Contractor also agrees that all construction activities requiring excavation, earthwork or soil material removal shall occur between May 1, 2022 and October 15, 2022 (167 calendar days) in accordance with requirements 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 2 of the Tahoe Regional Planning Agency (TRPA) and to the entire satisfaction of the DISTRICT before final payment is made. 4. Time is of the essence of this Contract. 5. That pursuant to the provisions under Part 2.04, Contract Time and Liquidated Damages, of Section 00 72 00, General Conditions, of these Contract Documents, under this Contract, the Contractor will incur fixed and liquidated damages for delays in completion of the Work. 6. That the Contractor will pay, and will require all Subcontractors to pay, all employees on said work a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, as contained in or referenced by the Contract Documents for this work. 7. That the Contractor shall forfeit to the District a daily penalty, as defined in Section 00 73 00, Part 2.09 of this Contract, for underpayment of prevailing wages. 8. That the Contractor shall keep accurate certified payroll records, and produce them as required by Part 2.09 of Section 00 73 00 of these Contract Documents. 9. That in the performance of this Contract, a day’s work has been defined in Section 00 73 00, Part 2.11, and a daily penalty shall be paid if Contractor violates the terms of the Labor Code with respect to such definition, as described in Section 00 73 00, Part 2.11. 10. That the Contractor shall carry California Worker’s Compensation Insurance and require all Subcontractors to carry California Worker’s Compensation Insurance as required by the Labor Code of the State of California. 11. The Contractor shall, prior to the execution of the Contract, furnish all insurance policies as required in Section 00 73 00, Supplemental Conditions, Part 2.01, and furnish two bonds approved by the DISTRICT, one in the amount of One Hundred (100) Percent of the Contract price to guarantee payment of all claims for labor and materials furnished., one in the amount of One Hundred (100) Percent of the Contract price to guarantee 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 3 performance. This Contract shall not become effective until such bonds and policies are supplied to and approved by the DISTRICT. 12. This Formal Contract reference includes the Contract Documents, which includes the following: Solicitation – Notice Inviting Bids Instructions to Bidders Information Available to Bidders Electronic Bid Schedule Bid Form Formal Contract Bond Forms Project Definitions General Conditions Supplementary Conditions General Requirements Technical Specifications Addenda Plans and Drawings Approved and fully executed Change Orders Any other documents contained in or incorporated into the Contract, except as otherwise indicated. The Contractor shall complete the Work in strict accordance with all of the Contract Documents, following the intent and coordination of said documents set forth in Section 00 72 00, General Conditions. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 4 IN WITNESS WHEREOF, the said CONTRACTOR and the South Tahoe Public Utility District, have caused the names of said parties to be affixed hereto, each in duplicate, the day and year first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT Contractor By By Title Address for Giving Notice: Address for Giving Notice: SOUTH TAHOE PUBLIC UTILITY DISTRICT 1275 MEADOW CREST DRIVE SOUTH LAKE TAHOE, CA 96150 ATTEST: Melonie Guttry, Clerk of Board South Tahoe Public Utility District CONTRACTOR’S LICENSE NO: CONTRACTOR’S LICENSE EXPIRATION DATE: CONTRACTOR’S FEDERAL I.D.#: 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 5 WORKER’S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. CONTRACTOR: BY: TITLE: END OF SECTION 5/13/2021 SECTION 00 52 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 FORMAL CONTRACT 6 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 1 SECTION 00 61 00 BOND FORMS PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public Utility District, El Dorado County, California, hereinafter designated the "Owner," has, on ___________________, _____, 2021 awarded to ___________________________________________, hereinafter designated as the "Principal," a contract for the construction of Keller-Heavenly Water System Improvements Project, Phase 2 . WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project date ______________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, WE, the Principal, and _________________________________________ _______________________________________________________________________, as Surety, are held and firmly bound unto the Owner the penal sum of _____________________ dollars ($_______________) lawful money of the United States, not less than one hundred percent (100%) of the Contract price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on its or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, Owner and Engineer their officers, agents, and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of 1 year after the completion and acceptance of the Work, during which time if the above bound Principal, its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect said Owner from loss of damage made evident during said period of one year from the date of acceptance of the work under said contract, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. Nothing herein shall limit the Owner’s rights or the Principal or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure §337.15. 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 2 Whenever Contractor shall be, and is declared by the Owner to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly at the Owner’s option: (1) take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Owner, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable; or (3) Permit the Owner to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Owner under the Contract and any modification thereto, less any amount previously paid by the Owner to the Contractor and any other set offs pursuant to the Contract Documents. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Whenever the Principal shall be, and declared by the Owner, in default under the Contract, the Surety shall promptly remedy the default or promptly pay the amount of the bond to the Owner. IN WITNESS WHEREOF, the above parties have executed this instrument this _______________________ day of _____________________, ____, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. _______________________________________ (Principal) _______________________________________ (Signature for Principal) (Title) Surety _______________________________________ _______________________________________ (Signature for Surety) (Title) 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 3 Surety's address in California for service of process: _______________________________________ _______________________________________ _______________________________________ STATE OF CALIFORNIA ) ) SS. COUNTY OF __________________ ) On _________________________ before me, ___________________________, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the _______________________ (Surety) thereto and his/her own name as the representative of the Surety. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public in and for said State (SEAL) Commission expires: __________________ NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 4 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 5 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, the South Tahoe Public Utility District, El Dorado County, California, hereinafter designated the "Owner", has, on __________, _____, awarded to _________________________________________________, hereinafter designated as the "Principal," a contract for the construction of the Keller-Heavenly Water System Improvements Project, Phase 2 _________. WHEREAS, said Principal is required under the terms of said contract to furnish a bond providing that if said Principal, or any of its Subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work under said contract, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and _________________________________ ___________________________________________________________________, as Surety, are held and firmly bound unto the Owner the penal sum of _____________________________ dollars ($_____________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, or its heirs, executors, administrators, successors, or assigns, shall fail to pay any person specified in California Civil Code Section 9100, or for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work under said contract, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under said contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to the Revenue and Taxation Code §18663, or with respect to any work or labor for which a bond is required by the provisions of Section 9550, inclusive, of the California Civil Code, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work under said contract, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said surety will pay the same in or to an amount not exceeding the amount hereinbefore set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to Owner as shall be fixed by the court. This bond shall inure to the benefit of Owner and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including but not limited to, California Civil Code Section 9100, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or to the work to be performed thereunder or to the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 6 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any fraud practiced by any third party nor by any breach or alleged breach by the Owner, and the sole condition of the surety’s obligation is that a person listed in Civil Code §9100 has not received full payment on its claim. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above parties have executed this instrument under their seals this _____________ day of _________________, ____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. _______________________________________ (Principal) _______________________________________ (Signature for Principal) (Title) Surety _______________________________________ _______________________________________ (Signature for Surety) (Title) Surety's address in California for service of process: _______________________________________ _______________________________________ _______________________________________ STATE OF CALIFORNIA ) ) SS. COUNTY OF __________________ ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 7 On _________________________ before me, ___________________________, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the representative of the Surety acknowledged to me that he/she executed the same in his/her authorized capacity, and subscribed the name of the _______________________ (Surety) thereto and his/her own name as the representative of the Surety. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _____________________________ Notary Public in and for said State (SEAL) Commission expires: __________________ NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. END OF SECTION 5/13/2021 SECTION 00 61 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 BOND FORMS 8 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 00 71 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 CONTRACTING DEFINITIONS 1 SECTION 00 71 00 CONTRACTING DEFINITIONS PART 1 GENERAL 1.01 SUMMARY A. Wherever the following abbreviations and terms, or pronouns in place of them, are used in the Contract Documents but not otherwise defined therein, the intent and meaning shall be interpreted as provided below. B. If an abbreviation on a drawing is not explained in the Contract Documents, it shall be as explained in ANSI Y1.1. C. The interpretation of abbreviations shall consider the context or discipline in which they are used, for example: 1. FF usually means “finish floor” when referring to a floor slab. 2. FF usually means “flat face” when referring to a pipe flange. D. Titles of Sections and Parts: Captions accompanying specification sections and parts are for convenience of reference only, and do not form a part of the Specifications. PART 2 ABBREVIATIONS The following abbreviations may be used in the Contract Documents: "Bureau" - United States Bureau of Reclamation "State" - State of California "State Standard Specifications" - Standard Specifications issued by the State of California Business and Transportation Agency, Department of Transportation. Dated January 1984, and as amended, unless a specific edition is referenced. “TRPA” – Tahoe Regional Planning Agency “RWQCB” – Regional Water Quality Control Board, Lahontan Region PART 3 DEFINITIONS Acceptance - The formal written acceptance by the District of the entire Contract which has been completed in all respects in accordance with the Specifications and any approved modifications. The formal written acceptance will be entitled "Notice of Completion and Release of Claims" (standard form will be provided by the District). Bid - The offer of the bidder for the work when made out and submitted on the prescribed bid form, properly signed and guaranteed. Bid Bond - The cash, cashier's check, certified check, or bidder's bond accompanying the bid submitted by the bidder, as a guarantee that the bidder will 5/13/2021 SECTION 00 71 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 CONTRACTING DEFINITIONS 2 enter into a Contract with the District for the performance of work herein described (may also be referred to as bidders security). Bidder - Any individual, firm, partnership or corporation submitting a bid for the work contemplated, and acting directly or through a duly authorized representative. Board of Directors or Board - The Board of Directors of the South Tahoe Public Utility District. Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the District. Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the Contract and include Addenda and Contract Change Orders. Said Contract shall also contain obligatory language to compensate the Contractor in an amount and times set forth herein. Contract Documents - The Contract Documents are any or all of the documents listed in Item 12 of the Contract. Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the District to perform the work. County - County of El Dorado, California. Date of Execution of the Contract - The date on which the Contract is signed by the DISTRICT’s authorized representative. Notice of Award shall be issued pursuant to the provisions of the Contract. Acceptance of Award and compliance with provisions of Notice of Award shall be completed by Contractor no later than the fifteenth day after notice. Datum - The figures given in the Specifications or upon the drawings after the word "Elevation" or an abbreviation of it shall mean District provided information. Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days, and is defined as every day appearing on the calendar. Design Engineer - The person, firm or corporation, including its principals, agents, and employees, designated by the District to prepare drawings and specifications for the work. Farr West Engineeringis the design engineer for the preparation of the Keller-Heavenly Water System Improvements Project, Phase 2 _______________________. District - The South Tahoe Public Utility District, may also be referred to as the Owner and/or STPUD. Engineer - Person or firm retained by the District, or the person designated by the District, as its Architectural or Engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. 5/13/2021 SECTION 00 71 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 CONTRACTING DEFINITIONS 3 His - "His" shall include "her" and "its". OWNER - The South Tahoe Public Utility District, may also be referred to as the DISTRICT and/or STPUD. Plans or Specification Drawings - The term "Plans or Specification Drawings" refers to the official Plans, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents, regardless of the method of binding. Specifications - The term "specifications" refers to the terms, provisions, and requirements contained herein. Where standard specifications, such as those of "ASTM", "AASHTO", etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. STPUD - The South Tahoe Public Utility District (STPUD), may also be referred to as the District and/or Owner. Substantial completion - the stage in the progress of the Work when the Work (or a portion thereof designated by the Contract Documents or in writing by the Owner) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. Subcontractors - The term "Subcontractor", as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the Plans or Specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only. Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract. Work - All the work specified, indicated, shown or contemplated in the Contract to construct the improvements, including all alterations, amendments or extensions thereto made by Contract Change Order or other written orders of the Engineer. Written Notice - "Written Notice" shall be deemed to have been duly served when delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail, then it shall be deemed to have been duly served two days after mailing to the last business address known to him who gives the notice. Definitions - Whenever in the Specifications or upon the drawings the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended, and similarly the words APPROVED, ACCEPTABLE, SATISFACTORY, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated. As Shown, and as Indicated - The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Plans". 5/13/2021 SECTION 00 71 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 CONTRACTING DEFINITIONS 4 As Approved - The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the Engineer". Or Equal - The term "or equal" shall be understood to indicate that the "equal" product be the same or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. END OF SECTION 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 1 SECTION 00 72 00 GENERAL CONDITIONS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: General clauses that establish the basic rights, responsibilities and relationships of the parties to the Contract. PART 2 DESCRIPTION 2.01 INTENT OF CONTRACT DOCUMENTS A. The intent of the Contract Documents is to describe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in performing the Contract in a satisfactory and workmanlike manner. B. The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Contract Documents are interdependent and applicable to the project as a whole. C. The Contract Documents are complementary, and what is called for in any one portion shall be binding as if called for in all other applicable portions of the Contract Documents. 2.02 CONTRACTOR'S UNDERSTANDING A. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the District, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 2 2.03 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS A. In the event of conflict between the Plans and the Specifications, the Specifications shall govern, except that, where items are shown on the Plans and are not specifically included in the Specifications, the Plans shall govern. B. Notwithstanding the order of precedence established above, in the event of conflicts the higher standard shall always apply. C. Should it appear that the work to be done or any of the relative matters are not sufficiently detailed or explained in the Contract Documents, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, reference shall be made to the Engineer, whose written decision thereon shall be final and conclusive. D. If the Contractor, in the course of the work, finds any discrepancy between the Contract Documents and the physical condition of the locality, or any errors or omissions in the Contract Documents, or in the layout as given by points and instructions, it shall be his duty to inform the Engineer in writing, and the Engineer will promptly verify the same in writing. E. The Contractor shall not, nor allow its subcontractors to, proceed with work with respect to which there is any uncertainty without obtaining written clarification. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, it shall bear any and all costs, including, without limitation, the cost of correction as required in Parts 2.16 of this Section. F. Upon authorization of a change to the Work by the Engineer, the Contractor shall record such changes on the project record documents as required in Section 01 77 00, Part 2.06, and, where applicable, the changes shall be surveyed by a California Registered Land Surveyor. G. In the event of any discrepancy between any Plans and the figures written thereon, the figures shall be taken as correct. Detailed drawings shall prevail over general drawings. H. Any reference made in these Specifications or on the Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the Specification, standard, method, or publication in effect as of the date that the work is advertised for Bids with the exception of prevailing wages, which can change after the project has been bid and awarded if updates have been published at the time of bid. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 3 2.04 CONTRACT TIME AND LIQUIDATED DAMAGES A. The Contract Time shall be three hundred sixty-one calendar days from the date specified in the Notice to Proceed. All excavation or work that would disturb existing ground shall not commence until May 1, 2022and shall be completed by October 15, of the year in which the excavation or work occurs, in accordance with requirements of the Tahoe Regional Planning Agency. The new Keller Tank shall be complete, tested, accepted and in service by July 29, 2022. B. Extensions to the Contract Time may be allowed in accordance with these Contract Documents. The Contractor is hereby notified that the availability of contract extensions is dependent upon the weather (after October 15 in any year). Extensions are granted by the Tahoe Regional Planning Agency and the Lahontan Regional Water Quality Control Board. C. Pursuant to the provisions under Liquidated Damages in Section 01 35 00, Special Procedures, of these Contract Documents, one-thousand-five- hundred ($1,500.00), shall be the amount of liquidated damages for every day of delay in the completion of the Work. 2.05 MEASUREMENT OF QUANTITIES A. Where the Contract provides for payment on a lump sum price basis, no measurement of quantity will be made. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the Engineer on the basis of measurements taken by the Engineer, and these measurements shall be final and conclusive. B. All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights. C. Methods of measurement are specified in these Specifications. 2.06 SCOPE OF PAYMENT A. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the District and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 4 B. No compensation will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements. 2.07 PAYMENT OF TAXES A. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State, or local governments. 2.08 PATENTS A. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the work, and agrees to indemnify and hold harmless the District, the Engineer, and their duly authorized representatives, from all action at law or in equity, actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes. 2.09 CHANGES IN THE WORK A. The District may, at any time, by written order make changes in the work as deemed necessary by the Engineer. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract an equitable adjustment will be made to the Contract and the Contract modified in writing accordingly. Such modifications are subject to approval by the Board, in accordance with Public Contract Code §20206.2 and 20206.3. B. Such modification will be in the form of a Contract Change Order which will describe the work to be done or the method by which the change and cost and/or time adjustment, if any, will be determined, and the time of completion of the work. C. The compensation to be paid for any extra work or change shall be determined in one or more of the following ways: 1. By agreed unit prices; 2. By estimate and acceptance of an agreed upon lump sum; or 3. By cost plus. The unit prices established in the Bid for a particular item shall be valid for deviations in the bid quantity within the range established in the Bid Form (Section 00 41 00). D. Until one of the above methods is agreed on, or if the work is to be paid for on cost plus basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work. Contractor must obtain the Engineer's permission, on a daily basis, as to the size of the crew, hours worked, and material to be used. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 5 E. Upon receipt of a Contract Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Contract Change Order. A Contract Change Order executed by the Contractor and approved by the Engineer is an executed Contract Change Order as that term is used throughout this Section. F. A Contract Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Contract Change Order which has not been executed, the Contractor shall submit a written protest to the Engineer within ten (10) days after the receipt of such Contract Change Order. The protest shall state the points of disagreement, and, if possible, the quantities and cost involved. If a written protest is not submitted, payment will be made as provided in the Contract Change Order and such payment will constitute full compensation for all work included therein or required thereby. Such unprotested Contract Change Orders will be considered as executed Contract Change Orders. Contractor’s disagreement with any Change Order does not relieve the Contractor from performance of the work, including extra work, promptly and expeditiously. G. Where the protest concerning a Contract Change Order relates to compensation, the compensation payable for all work specified or required by said Contract Change Order to which such protest relates will be determined in the same manner as provided in Part 2.11 for claims for extra work. The contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. H. Where the protest concerning a Contract Change Order relates to the adjustment of time and the completion of the work, the time to be allowed therefore will be determined as provided in this Section. I. The consent of the Contractor's sureties shall not be required as to any change or extra work, and the liability of the Contractor's Bonds shall be increased or decreased accordingly without notice to the sureties. 2.10 EXTRA WORK A. If, during the performance of the Contract, it shall, in the opinion of the District or the Engineer, become necessary or desirable for the proper completion of the Contract to order work done or materials or equipment furnished which in the opinion of the Engineer are not susceptible of classification under the unit-price items in the Bidding Schedule and are not included in any item for which a lump sum is bid, the Contractor shall do and perform such work and furnish such materials and equipment. Such labor, materials and/or equipment will be classed as extra work, and shall be ordered in writing before such work is started. No extra work will be paid for unless ordered in writing. Extra work and materials will ordinarily be paid for at a lump sum or unit-price agreed on in writing by the Engineer and 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 6 Contractor prior to the time when the Engineer ordered the extra work to be done. The performance of any extra work or the furnishing of extra material which, in the judgment of the Engineer, is of like character to and susceptible of classification under the unit-price items of the Contract as specified shall, if the order of the Engineer shall so provide, be paid for at the unit-price named for such work in the Bidding Schedule. Whenever, in the judgment of the Engineer, such extra work or such extra material as the case may be, is not of like character to and susceptible of classification under the unit-price items of the Contract as specified, and it is impracticable because of the nature of the work, or for any other reason, to fix the price before order for the extra work shall be issued, the Contractor shall be entitled to be paid the sum of the following costs for doing the extra work, which shall be known as the cost plus basis of payment: 1. Direct Labor Cost - Charges for all of the labor furnished and used by the Contractor shall be as identified in the California Prevailing Wage Determination. Under no circumstances shall the Contractor be allowed to pay for labor, any amount that is less than the California prevailing Wage Determination. The Contractor shall be allowed to add to actual wages paid the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is performed. The surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section 9-1.04B1 of the California Department of Transportation Standard Specifications. 2. Equipment Cost - Charges for the rental and operation of the equipment furnished and used by the Contractor shall be made for all prime construction and automotive equipment. It shall not include charges for listed equipment or major tools with a new cost of $500.00 or less. Equipment time charges shall be subject to the daily approval of the Engineer and evidence of such daily approval submitted with the billing. The equipment rental and operation rates used shall be at the established CalTrans rental rates. No time or charges will be allowed except when equipment is actually being used for the proper and efficient performance or completion of the extra work as authorized. A fifteen percent (15%) markup to the equipment rental and operation rates will be allowed. 3. Material Costs - Charges for the cost of materials furnished by the Contractor shall be made provided such furnishing was specifically authorized in the extra work order and the actual use verified by the Engineer. Charges shall be net cost to the Contractor delivered at the job, including all applicable sales taxes and vendor's invoice must accompany the billing along with verification of use of such materials by the Engineer. A fifteen percent (15%) markup to the materials cost will be allowed. 4. Tools, Supplies, Supervision, Overhead and Profit - A charge for major tools, supplies, home office overhead, field overhead, labor liability insurance, additional bond costs, other fixed or administrative costs that are not costs of labor used in the direct performance of the work, 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 7 supervision, and profit will be allowed in the amount of thirty five percent (35%) of the total direct labor costs as defined above. 5. Work by Subcontractor - When all or any part of extra work is performed by any of the Contractor's Subcontractors, the markups for tools, supplies, additional bond costs, supervision, overhead and profit applied to the Subcontractor's actual cost of such work (determined as above) will be allowed in the amount of ten percent (10%) of the total direct labor costs, equipment costs and material costs, as defined above, to which a markup of five percent (5%) on the subcontracted portion of the extra work may be added by the Contractor. B. The Contractor agrees that he shall not be entitled to claim damages for anticipated profits on any portion of work that may be deleted. The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted from the Contract amount by Contract Change Order. C. The District reserves the right to contract with any person or firm other than the Contractor for any or all extra work. 2.11 CLAIMS FOR EXTRA COSTS A. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing, or occurrence, unless he shall have given the Engineer written notice of claims specified in Part 2.14 below, provided, however, that compliance with this section shall not be a prerequisite as to matters within the scope of the protest provisions in Part 2.09. B. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed of impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the District’s change order form in an attempt to reserve additional rights. C. The District’s liability to Contractor for delays for which the District is responsible shall be limited to only an extension of time in accordance with Public Contract Code §7102, unless such delays were unreasonable under the circumstances. In no case shall the District be liable for any costs which are borne by the Contractor in the regular course of business, including but not limited to, home office overhead and other ongoing costs. D. In the event of an emergency endangering life or property, the Contractor shall act as stated in Section 01 35 00, Special Procedures, Part 2.01, and after execution of the emergency work shall present an accounting of labor, materials, and equipment. The procedure for any payment that may be due for emergency work will be as specified in Part 2.09 above. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 8 2.12 CHANGES IN CHARACTER OF WORK A. If an ordered change in the Contract Documents materially changes the character of the work of a Contract item from that upon which the Contractor based its Bid price, and if the change increases or decreases the actual unit costs of such changed item as compared to the actual or estimated unit cost of performing the work of said item in accordance with the Contract Documents originally applicable thereto, in the absence of an executed Contract Change Order specifying the compensation payable, an adjustment in compensation therefore will be made in accordance with the following: 1. The basis of such adjustment in compensation will be the difference between the Contract unit-price to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be as agreed upon by the Contractor and the Engineer. If they cannot agree or if there is no unit price for the subject work, then the costs of the work will be determined by the Engineer in the same manner as if the work were to be paid for on the cost plus basis as provided in Part 2.10. Any such adjustment will apply only to the portion of the work of said item actually changed in character. 2. Failure of the Engineer to recognize the change in character of the work at the time the Contract Change Order is issued shall not be construed as relieving the Contractor of its duties and responsibility of filing a written protest within the ten (10) day limit as hereinabove provided. 2.13 DISPUTES A. Except as otherwise specifically provided in the Contract Documents, the Engineer will initially decide all disputes arising under and by virtue of the Contract. A dispute will be processed and decided by the Engineer as soon as practicable after its submission and the submission or availability of any additional information necessary to its decision. If the Contractor is dissatisfied with the Engineer's decision, the Contractor may, within fifteen (15) days from the date of the Engineer's decision, file a claim following the procedures in Part 2.14 of this Section. If the Contractor fails to follow the procedures in Part 2.14 of this Section within the fifteen (15) day period, then the Engineer's decision shall be final, conclusive, and binding on the Contractor. 2.14 RESOLUTION OF CONSTRUCTION CLAIMS A. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the District shall be resolved under the following statutory procedure unless the District has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq: 1. The claim must be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the day of final payment. Nothing in this subsection is intended to extend the time 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 9 limit or supersede notice requirements for the filing of claims as set forth elsewhere in this contract. 2. For claims of less than or equal to fifty thousand dollars ($50,000), the District shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the District may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the District and the claimant. The District's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 3. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the District shall respond in writing to any written claim within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the District may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the District and the claimant. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 4. For any claim that exceeds the amount of $375,000.00, the District shall respond in writing to any written claim within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the District may have against the claimant. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the District and the claimant. The district's written response to the claim, as further documented, shall be submitted to the claimant within thirty (30) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 5. Notwithstanding the foregoing, all public works claims between the Contractor and the District shall be resolved pursuant to the procedures set forth in Public Contract Code Section 9204. The District will provide a written response to the Contractor identifying what portion of the claim is disputed and what portion is undisputed within 45 days of receipt of the claim, unless the parties mutually agree to extend the time for response. If the District does not respond within the 45-day time period, or as extended by mutual agreement, the claim shall be deemed rejected in its entirety. 6. If the claimant disputes the District's written response, or the District fails to respond within the time prescribed, the claimant may so notify 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 10 the District, in writing, either within 15 days of receipt of the District's response or within 15 days of the District's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the District shall schedule a meet and confer conference within 30 days for settlement of the dispute. 7. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the District shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code Section 9204, and the District and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorneys’ fees and other costs. 8. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subsection A(1) until the time the claim is denied, including any period of time utilized by the meet and confer conference. 9. This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. B. The following procedures will apply to all civil actions filed to resolve claims for non-payment by the Contractor under this contract, which do not exceed $375,000.00: 1. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the fifteen (15) day period, any party may petition the court to appoint the mediator. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the California Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 11 proceeding brought under this subsection consistent with the rules pertaining to judicial arbitration. Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this section shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (aa) arbitrators shall, when possible, be experienced in construction law, and (bb) any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees of the other party arising out of the trial de novo, notwithstanding any other provision in this contract concerning attorney's fees. 3. The District shall pay money as to any portion of a claim which is undisputed except as otherwise provided in the Contract Documents. 4. In any suit filed under subsection (b), the District shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. C. Any and all claims for non-payment that exceed the sum of $375,000.00 shall not be subject to mediation or arbitration, without the agreement of all parties involved. 2.15 RIGHT TO WITHHOLD PAYMENTS A. In addition to all other rights and remedies of the District hereunder and by virtue of the law, the District may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the District from loss on account of: 1. Stop Notice Claims 2. Defective work not remedied, irrespective of when any such work was found to be defective; 3. Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code; 4. Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to subcontractors and/or suppliers; 5. A reasonable doubt that the work can be completed for the balance then unearned; 6. A reasonable doubt that the Contractor will complete the work within the agreed time limits; 7. Liquidated Damages; 8. Costs to the District resulting from failure of the Contractor to complete the work within the proper time, liquidated and identified in Section 01 35 00, Part 2.06; 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 12 9. Damage to the District, work or property; 10. Damage to another contractor or third party; 11. Persistent failure to carry out the work in accordance with the Contract Documents; 12. Site clean-up; 13. Failure of Contractor to keep the project schedule and/or record (“as- built”) drawings up to date; 14. Legally permitted penalties, including governmental and regulatory fines incurred by the District as a result of delays resulting from Contractor’s performance of the work as set forth in Section 01 35 00, Part 2.06; and 15. Damages and costs incurred by the District as a result of Contractor’s performance of the work, including, but not limited to, legal, engineering, inspection, superintendence, regulatory fines, and other expenses. B. Whenever the District shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefore will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the District will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the District against claims or liens of mechanics, materialmen, Subcontractors, etc., the District may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the District, indemnifying the District against any loss or expense, and upon acceptance thereof by the District, the District shall release to the Contractor monies so withheld. The surety providing the stop notice bond shall be a separate legal entity from the surety on the performance and/or payment bonds provided for the Project. C. If insufficient funds have been withheld, Contractor shall promptly reimburse the District for any of the items set forth above that occur. 2.16 GUARANTEE A. In addition to warranties, representations and guarantees stated in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace at his sole cost and expense, and to the satisfaction of the Engineer and the District, any and all materials and/or equipment which may be defective or improperly installed. B. The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work which may be damaged or displaced in so doing. C. All work or materials which have been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no additional compensation will be allowed for such removal, replacement, or remedial work. 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 13 D. Any work done beyond the lines and grades shown on the Plans or established by the Engineer or any extra work done without written authority will be considered as unauthorized work and will not be paid. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor's expense. E. Upon failure of the Contractor to comply with any order of the Engineer, the District may cause rejected or unauthorized work to be remedied, removed or replaced, and may deduct the costs from any monies due or to become due the Contractor in the form of a Change Order. F. If deemed necessary by the District to maintain uninterrupted operation of District facilities while the defective or improperly installed materials and/or equipment is repaired or replaced, the Contractor shall provide temporary replacement materials and/or equipment at no additional cost to the District. G. The Contractor must commence warranty repairs within ten (10) days after receiving written notice from the District. In the event of failure to complete such repairs within a reasonable time, the District is authorized to have the defect repaired and corrected at the expense of the Contractor who will pay the costs and charges therefor immediately upon demand, including any reasonable management and administrative costs, engineering, legal and other consultant fees incurred to enforce this section. H. If the Engineer deems it inexpedient for the Contractor to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by District from Contractor's payment. I. The Contractor must obtain and enforce on the District’s behalf all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work and materials provided under the Contract. J. The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect through the one-year maintenance warranty period. 2.17 AUTHORITY OF THE ENGINEER A. The Engineer is the representative of the District and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor's performance, and to decide questions which arise during the course of the work and the Engineer’s decisions on these matters shall be final and conclusive. The Engineer has the authority to reject all work and materials which do not conform to the Contract Documents, and has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. To prevent disputes, oral modifications will not be permitted. B. If at any time the Contractor is on force account and the Contractor's work force, tools, plant, or equipment appear to the Engineer to be insufficient or 5/13/2021 SECTION 00 72 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GENERAL CONDITIONS 14 inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new tools, plant, or equipment, as the case may be, and the Contractor shall comply with such order. Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the work within the specified time. C. The Engineer shall have the authority to make minor changes in the work, not involving extra costs, and not inconsistent with the purposes of the work. D. Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing. E. Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer. 2.18 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATIONS A. The Contractor shall have an affirmative obligation to verify that all subcontractors are currently and validly registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor’s registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contracts with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain valid registration for the duration of the project. END OF SECTION 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 1 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Modifications and supplements to the general conditions for basic rights, responsibilities and relationships of the parties unique to the Contract. PART 2 DESCRIPTION 2.01 INSURANCE A. The Contractor shall not commence any work until all required insurance has been obtained at its own expense, required submittals delivered to the District, and the submittals reviewed and approved by the District for general conformance with the Contract. The Contractor shall procure and maintain the insurance required under this section for the duration of the Contract and for the entire duration of the Performance Bond, except as otherwise indicated in this Section. The procurement and maintenance of the insurance required by this section is a material element of the Contract and failure to timely procure and/or maintain such insurance shall be a material breach of the Contract. B. Prior to execution of the Contract, the Contractor shall deliver to the District the following: 1. Certificate(s) of Insurance, issued in duplicate, covering all policies. Such certificates shall make explicit reference to each of the provisions and endorsements required in this Section, and shall be signed on behalf of the insurer by an authorized representative; 2. Original endorsements for each policy of insurance required by this section and signed on behalf of the insurer by an authorized representative; 3. Upon request, the District may obtain the policies of insurance. C. The provisions of Section 00 20 00, Part 2.10, shall be strictly enforced with regard to the fifteen (15) calendar days limit for furnishing evidence of insurance. D. The Contractor shall not permit any Subcontractor to commence work on this project unless all Subcontractors are included as named Additional Insureds under its insurance policies required by this section or until each Subcontractor has satisfied the Contractor that the Subcontractor has the required insurance in effect. The Contractor shall receive and maintain satisfactory evidence from its Subcontractors that verifies that they are in compliance with these requirements. The Contractor shall continuously maintain such evidence and, upon request, provide copies to the District for review. If the Contractor fails to assure that a Subcontractor has and maintains the required insurance, the Contractor shall be liable for any loss arising out of work under the Contract that would be covered by 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 2 the required insurance of the subcontractor if the Contractor had assured that the subcontractor had maintained the required insurance. E. All insurance required by this section shall be placed with insurance companies authorized by the State of California to transact insurance business in the State of California for the types of insurance required by the Contract. Each insurance company shall have a current A. M. Best Insurance Guide rating of not less than A- /VI unless prior written approval is secured from the District as to the use of such insurer, with the following exceptions: 1) Underwriters at Lloyd's of London, which are not rated by A.M. Best. 2) Workers' Compensation which is provided through a State Compensation Insurance Fund or a qualified self-insurer for Workers' Compensation under California law. 3) For liability insurance required under Section 2.01.O.6. (Environmental Liability insurance), insurance requirements shall be placed with insurance companies with a current A.M. Best rating of at least B+:VII. F. The requirements as to the types, limits, deductibles and the District's review and/or approval of insurance coverages to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. Further, the District's review and approval of any deviation, unless specifically stated in writing and signed by the District, shall not release or relieve the Contractor or its Subcontractors from complying with the requirements of this section. G. If any policy of insurance required by this Section includes an "aggregate" limit, the aggregate limit shall be a project-specific limit applicable to work under this Contract only. H. Any policy of insurance required by this Section shall be an "occurrences" policy. I. In addition to any other remedy the District may have, if the Contractor or any of the subcontractors fail to maintain the insurance coverage as required in this Section, the District may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the District may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. J. In the event the Contractor changes any insurance company(ies) providing the insurance coverage required by this section, the Contractor shall timely resubmit to the District for review and approval, the insurance documents required by this section for each new insurance company providing insurance coverage. The Contractor shall submit such documents at least thirty (30) days prior to the change in any required insurance to enable the District to timely review and approve the insurance coverages provided by such new insurance company(ies). K. Insurance policies providing coverage which contains self-insured retention shall not be acceptable except with the prior written approval of the District regardless of the amount of the self-insured retention. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 3 L. The premiums paid by the Contractor and/or Subcontractor(s) for the insurance required by this section shall be considered as included in the Contract price for the project and no additional allowance will be made for payment of premiums which may be required to be paid by the Contractor and/or its Subcontractors in order to procure and maintain the requisite insurance coverage. M. (Not Used) N. (Not Used) O. The Contractor shall, at its expense, maintain in effect at all times during the performance or work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the District: 1. Worker's Compensation: a. California Workers' Compensation - Insurance to protect the Contractor or its Subcontractor(s) from all claims under California Worker's Compensation and Employer's Liability Acts). Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. b. The Worker’s Compensation policy shall also include the provisions and/or endorsements required in Other Provisions, Part 2.01.O.6.a of this Section. c. Claims Against District - If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or his dependents, in the event of his death, may be entitled to compensation from the District under the provisions of the Acts, or for which compensation is claimed from the District, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the District is required to pay such compensation, the amount paid will be deducted and retained from such sums due, or to become due the Contractor. d. In the event the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure by the Department of Industrial Relations Administration of Self-Insurance, Sacramento. 2. General Liability: The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. Coverage shall be at least as broad as “Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 0001” (occurrence). The amount of insurance shall not be less than $2,000,000 combined single limit per occurrence coverage applying to bodily and personal injury and property damage. If the policy contains a general aggregate limit, such limit must be amended to apply separately to the project/location. The general liability insurance coverage shall also include the provisions and/or endorsements required in Other Provisions, Part 2.01.O.6.b of this Section. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 4 3. Automobile Liability: The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, operations, maintenance or use of equipment of the insured, or by its employees, agents, consultants, or by anyone directly or indirectly employed by the insured. Coverage shall be at least as broad as “Insurance Services Office Business Auto Coverage Form CA 0001,” symbol 1 (any auto). Use of any symbols other than symbol 1 for liability for corporate/business owned vehicles must be declared to and approved by the District. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply. Personal automobile insurance shall apply if vehicles are individually owned. The amount of insurance shall not be less than $2,000,000 combined single limit per accident coverage for corporate-/business-owned or commercially insured vehicles, including non-owned and hired, applying to bodily and personal injury and property damage. The amount of insurance shall not be less than $500,000 combined single limit per accident coverage for individually-owned vehicles, applying to bodily and personal injury and property damage, or if split limits are used, $250,000 per person, $500,000 each accident, $100,000 property damage. Deductible shall not exceed $20,000. The contractor shall request the District's approval in writing for any deductible exceeding that stated. The automobile liability insurance coverage shall also include the provisions and/or endorsements required in Other Provisions, Part 2.01.O.6.c of this Section. 4. Excess/Umbrella Liability: If the Contractor's primary General Liability and/or Automobile Liability insurance coverage limits requirements are insufficient, the Contractor may provide additional limits with an excess liability and/or umbrella liability insurance policy. This form of insurance will be acceptable only if the primary and excess liability and/or umbrella liability policies provide the required coverages and include the provisions and/or endorsements required for the policies that it supplements, and those required in Other Provisions, Part 2.01.O.6.d of this Section.. 5. Builder's Risk: (Course of Construction) the Contractor shall provide Builder's Risk "All-Risk" Completed Value Insurance and/or Inland Marine All Risk Installation Floater Insurance, as may be applicable, in an amount equal to the Contract price for the entire project which is the subject of the Contract, including completed work and work in progress. This insurance shall be in effect until the work is completed and accepted by the District. This insurance shall cover, including but not limited to, fire, lightning, wind storms, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage by aircraft or vehicles, vandalism and malicious mischief, theft, collapse, water damage (including seiche) and earthquake (up to Mw 3.5). The insurance shall be written in a completed form with losses payable to the Contractor and owner, as their interests may appear. The Builder’s Risk policy shall also include the provisions and/or endorsements required in Other Provisions, Part 2.01.O.6.e of this Section. 6. Other Provisions: a. The Contractor’s Workers Compensation policy shall provide that: 1) Not Used b. The Contractor's General Liability policy shall contain the following provisions: 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 5 1) The South Tahoe Public Utility District, the design engineer(s), any independent engineer and its consultants, City of South Lake Tahoe, County of El Dorado and each of their officers, elected officials, and employees (including, without limitation permanent, temporary and contract employees) shall be covered as additional insureds as respects liability arising out of the acts or omissions by or on behalf of the Contractor, or premises owned, occupied, or used by the Contractor. The policy shall contain no special limitations on the scope of coverage afforded to the additional insureds. 2) The Contractor’s General Liability policy shall be specifically endorsed to name the parties identified in 1) as additional insureds utilizing ISO form CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01, or equivalent approved by the District, to provide additional insured coverage. Other versions of ISO forms CG 20 10 and CG 20 37 alone will not be considered equivalent. 3) The Contractor’s General Liability policy shall be endorsed to include a waiver of subrogation in favor of the parties named on the “Additional Insured” endorsement. Such waiver of subrogation shall be on ISO Form CG 24 04 10 93 “Waiver of Transfer of Rights of Recovery Against Others to Us” or its equivalent approved by the District. 4) For any claims related to this Contract, the Contractor's insurance coverage shall be primary insurance as respects the parties named on the additional insured endorsement. Any insurance or self- insurance maintained by the additional insureds shall be excess of the Contractor's insurance and shall not contribute with it. The contractor shall supply either an endorsement or policy language demonstrating compliance with this requirement. 5) The Contractor's General Liability insurance policies shall contain an endorsement stating that any aggregate limits shall apply separately to the Work. 6) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 7) Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage under the policy applicable to the Additional Insureds. c. The Contractor’s Automobile Liability policy shall contain the following provisions: 1) The South Tahoe Public Utility District, the design engineer(s), any independent engineer and its consultants, City of South Lake Tahoe, County of El Dorado and each of their officers, elected officials, and employees (including, without limitation permanent, temporary and contract employees) shall be covered as additional insureds, utilizing ISO form CA 20 48 02/99 Designated Insured, or its equivalent approved by the District. 2) This insurance shall be primary as respects the additional insureds and any other insurance maintained by the additional insureds named above shall be in excess of this insurance and shall not be called upon to contribute in the event of a loss. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 6 3) This insurance includes cross-liability and/or severability of interest and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 4) This insurance, subject to all other terms and conditions, applies to the liability assumed by the Contractor under the terms of the Contract. 5) The insurer waives any and all transfer rights of recovery (subrogation) it may have against the additional insureds named above or any other additional insureds. 6) Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage under the policy applicable to the Additional Insureds. d. The Contractor’s Excess or Umbrella Liability policy shall provide the following provisions: 1) Any insurance maintained by the Additional Insureds, whether primary, excess or otherwise, shall be in excess of the insurance provided by this policy. 2) The policy shall include a Schedule of Underlying Insurance which matches the actual policy numbers and coverage limits in the actual underlying policies, and a total underlying coverage limit plus excess/umbrella limit equal to or greater than the required coverage limit for each type of coverage. The contractor shall request the District’s approval in writing for any deductible. 3) Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage under the policy applicable to the Additional Insureds. e. The Contractor’s Builders Risk policy shall contain the following provisions: 1) Coverage is amended to include the South Tahoe Public Utility District as an additional insured and as the loss payee. 2) For any claims related to this Contract, the Contractor’s insurance coverage shall be primary insurance as respects the District. Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it. 3) The insurer waives any and all transfer rights of recovery (subrogation) it may have against the South Tahoe Public Utility District. 4) Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage under the policy applicable to the Additional Insureds. f. Each insurance policy shall state that coverage shall not be cancelled by the Contractor or the District, reduced in scope of coverage or in limits, non-renewed, or otherwise materially changed unless the insurer(s) provide thirty (30) days written notice to the District prior to such change. Ten (10) days prior written notice shall be given to the District in the event of cancellation due to nonpayment of premium. P. Tracking and Reporting Job-Related Incidents 1. The Contractor shall report by telephone to the District within twenty-four (24) hours and also provide a written report to the District within fifteen (15) days 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 7 after the Contractor or any subcontractors or agents have knowledge of any incident involving death of or injury to any person or persons, or damage in excess of ten thousand dollars ($10,000) to the Work, property of the District or others, arising out of any work done by or on behalf of the Contractor as part of the Contract. Such report shall contain: a. the date and time of the incident, b. the names and addresses of all persons involved, and c. a description of the incident and the nature and extent of injuries and/or damages. 2. The Contractor and all Subcontractors shall cooperate with the District’s independent investigatory efforts and provide the District with related documentation when requested (excluding confidential information restricted by law). 3. If requested, the Contractor shall report to the District their Recordable Incidence Rate (RIR) and Lost Time Incidence Rate (LTIR) at the end of each project. The Contractors’ incidence rates shall be calculated in accordance with the following: a. Recordable Incidence Rate (RIR) Number of OSHA Recordable Cases X 200,000* Total hours worked by all employees for the Contract b. Lost Time Incidence Rate (LTIR) Number of Lost Time injuries and illnesses X 200,000* Total hours worked by all employees for the Contract Note: A fatality shall not be considered a Lost Time Case (LTC) and shall not be included in the rate. Furthermore, all work-related fatalities, and all other serious injuries meeting the legal criteria for “reporting", shall be reported immediately to Cal/OSHA as required by law and reported immediately to the District as indicated above. * 200,000 is equivalent to the number of work hours worked by 100 full time employees at 40 hours per week/50 weeks per year. 2.02 INDEMNIFICATION A. Contractor shall indemnify, defend and hold harmless to the fullest extent of the law the District, the Engineer, the Design Engineer and all of the District’s officers, agents, and servants from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except to the extent caused by the active negligence, sole negligence, or willful misconduct of the District or the Design Engineer(s). The Contractor’s obligation to defend shall arise upon tender of the claim. The Contractor shall pay any costs the District incurs to enforce the Contractor’s indemnity obligations. B. The Contractor shall also protect and indemnify to the fullest extent of the law the District, the Engineer, the Design Engineer and all of the District's officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether caused by the 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 8 Contractor or its subcontractors or suppliers. The Contractor’s obligation to defend shall arise upon tender of the claim. The Contractor shall pay any costs the District incurs to enforce the Contractor’s indemnity obligations. 2.03 NO PERSONAL LIABILITY A. Neither the District, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein. 2.04 SAFETY A. General - The Contractor shall be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable Federal, State, and local laws, ordinances, and codes, and to the rules and regulations established by the California Occupational Safety and Health Administration, and to other rules of law applicable to the work. B. The services of the Engineer in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the District responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers, or for access, visits, use work, travel, or occupancy by any person. C. All work and materials shall be in strict accordance with all applicable State, Federal, and local laws, rules, regulations, and codes. D. Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. 2.05 ACCIDENTS A. The Contractor shall comply with California Labor Code Section 6708 and Federal OSHA standards requiring adequate emergency first-aid treatment for Contractor’s employees and anyone else who may be injured in connection with the work. Accident prevention and response procedures and minimum requirements for first- aid facilities are set forth in Section 01 50 00, Parts 2.03 and 3.07, respectively. B. The Contractor shall be aware of and comply with the District’s safety program requirements of Contractors. A copy of the program is available from the District upon request. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 9 2.06 SUBCONTRACTS A. The attention of the Contractor is directed to the provisions of Public Contract Code regarding subcontracting. B. Each Subcontract shall contain a suitable provision for the suspension or termination should the work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. No Subcontractor or supplier will be recognized as such, and all persons engaged in work will be considered as employees of the Contractor, and the Contractor will be held responsible for their work, which shall be subject to the provisions of the Contract Documents. The Contractor shall be fully responsible to the District for the acts or omissions of its Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the District. If a legal action, including arbitration and litigation, against the District is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the District for the amount of legal, engineering, and all other expenses incurred by the District in defending itself in said action. C. In addition to reviewing certified payroll records, the District and the Engineer reserve the right to audit the Contractor’s employment and subcontractor agreements and related documents in order to verify the Contractor’s compliance with the provisions of the California Labor Code and the Public Contract Code. D. The Contractor shall bind every subcontractor to the terms of the Contract Document as far as such terms are applicable to subcontractor’s portion of the Work, and Contractor shall be responsible to the District for the acts and omissions of its subcontractors. E. Contractor shall perform not less than 30 percent of the total value of the Work excluding the value of materials and equipment with its own forces (i.e., without subcontracting). The 30 percent requirement shall be understood to refer to monetary value of the Work performed by Contractor, the value of which totals not less than 30 percent of the Contract Price excluding the value of materials and equipment. 2.07 ASSIGNMENT A. The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the District, nor shall the Contractor assign any monies due, or to become due, without the prior written consent of the District. 2.08 WAGE RATES A. California Determinations. 1. Pursuant to provisions of the California Labor Code, the Director of Industrial Relations has ascertained the prevailing rate of per diem wages in the locality in which the Work is to be performed, applicable to the Work to be done. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 10 2. Copies of these wage determinations are on file with the District and are available for examination as stipulated in Section 00 10 00, Solicitation – Invitation to Bid. B. Classification Not Listed. 1. Contractor shall notify District promptly, in writing, of labor classifications not listed in the prevailing wage determination but necessary for the performance of the Work. 2. When a labor classification not listed in the prevailing wage determination is necessary for the performance of the Work, Contractor may be required to pay, for the classifications not listed, the rate applicable to the classification most closely related to that which is not listed. C. Contractor shall pay not less than the prevailing rate of per diem wages determined by the Director of Industrial Relations, and Contractor shall be responsible for its Subcontractors paying not less than said per diem wages. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Work involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. D. Contractor may be subject to penalties for paying less than the prevailing wages pursuant to provisions of California Labor Code, Section 1775. 2.09 PREVAILING WAGE A. The Contractor shall forfeit as penalty to the District the sum of not more than Two Hundred Dollars ($200) as determined in accordance with Labor Code Section 1775, for each calendar day or portion thereof for each worker (whether employed by the Contractor or Subcontractor) paid less than the stipulated California prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1772 through Section 1780 thereof. B. The Contractor is not entitled to make any claims against the District for additional compensation because of the payment of the wages pursuant to the Contract Documents, which shall be the sole responsibility of the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the District or the Engineer. C. The Contractor shall keep accurate certified payroll records, as required by Labor Code §1776, and shall notify the District of the address at which such records are held. Such records shall be made available as required by Labor Code §1776, including to the District within 10 days of receipt of request. If the Contractor fails to comply with such a request, it shall forfeit $100 per day for each worker until strict compliance is effectuated. 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 11 D. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement. 2.10 LABOR DISCRIMINATION A. Attention is directed to Section 1735 of the California Labor Code, which reads as follows: “A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. “ B. Attention is subsequently directed to Section 12940 and 12940(a) of the California Government Code, which reads as follows: “It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. “ 2.11 EIGHT-HOUR DAY LIMITATION A. In accordance with the provisions of the California Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a legal day's work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of eight (8) hours per day and forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1.5) times the basic rate of pay. B. The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked each calendar day and each calendar week of all workers employed by it in connection with the work specified herein, which record shall be open at all reasonable hours to the inspection of the District, the 5/13/2021 SECTION 00 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SUPPLEMENTARY CONDITIONS 12 Division of Labor Standards Enforcement and State and Federal officers and agents; and it is hereby further agreed that, except as provided in (a) above, the Contractor shall forfeit as a penalty to the District the sum of twenty-five dollars ($25) for each worker employed in the performance of this Contract by him or by any Subcontractor under him for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815. 2.12 COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF APPRENTICES A. The Contractor's attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code; provisions of which pertaining to employment of indentured apprentices on public works projects are hereby incorporated by this reference into the Contract Documents. As applicable, the Contractor or any Subcontractor employed by it in the performance of the work take such actions as necessary to comply with the provisions of these Sections. 2.13 CONTRACTOR'S LICENSE NOTICE A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. B. Licensing requirements for the Contractor and Subcontractors for Work under this Contract are as stated in Section 00 10 00 – Solicitation. 2.14 THIRD-PARTY CLAIMS A. Pursuant to Public Contract Code Section 9201, the District shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract END OF SECTION 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 1 SECTION 00 74 00 GRANT CONDITIONS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: Added provisions to the conditions of the contract for compliance with the various State and Federal contract rules and regulations. B. Related Sections: 1. 00 10 00, Solicitation-Invitation to Bid. 2. 00 20 00, Instructions to Bidders. 3. 00 41 00, Bid Forms. 4. 00 52 00, Formal Contract. 5. 00 61 00, Bond Forms. 6. 00 72 00, General Conditions. 7. 00 73 00, Supplementary Conditions. 8. 00 75 00, Grant Forms 9. 01 32 00, Construction Progress Documentation. 10. 01 35 00, Special Procedures. 11. 01 41 00, Regulatory Requirements. 12. 01 77 00, Closeout Requirements. C. The conditions set forth in this Section are in addition to conditions set forth elsewhere in these Contract Documents. If the conditions set forth elsewhere are more stringent and/or restrictive, then those conditions shall prevail over the conditions set forth in this Section. 1.02 REFERENCES A. Davis-Bacon Wage Rate Determinations (attached) B. Implementation of American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 (USEPA, March 20, 2014). C. State Water Resources Control Board “Guidelines for Meeting the California State Revolving Fund (CASRF) Loan Programs (Clean Water and Drinking Water SRF) Disadvantaged Business Enterprise (DBE) Requirements” (Revised December 2016). PART 2 DESCRIPTION 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 2 2.01 AMERICAN IRON AND STEEL CLAUSES A. The Contractor acknowledges to and for the benefit of the District that it understands the goods and services under this Agreement are subject to the American Iron and Steel procurement provisions of P.L. 113-76, Consolidated Appropriations Act of 2014 commonly known as American Iron and Steel (AIS) that requires all of the iron and steel used in the project be produced in the United States (“Buy American Requirements”), including those products provided by the Contractor pursuant to this Agreement. Production includes all manufacturing processes, including application of coatings. 1. For utility projects, the products that would commonly be subject to AIS compliance include, but are not limited to: a. Lined or unlined pipes and fittings; b. Manhole covers and other municipal castings; c. Hydrants; d. Tanks; e. Flanges; f. Pipe clamps and restraints g. Valves; h. Structural steel, i. Reinforced pre-cast concrete; and j. Reinforcing for cast-in-place concrete. 2. The Contractor acknowledges that the Work as defined by the Contract Documents may include additional iron and steel elements not listed above that are subject to AIS Requirements at no additional cost to the District. B. The Contractor hereby represents and warrants to and for the benefit of the Purchaser the following. 1. The Contractor has reviewed and understands the AIS Requirements. 2. All of the iron, steel, and goods used in the project will be and/or have been produced in the United States in a manner that complies with the AIS requirements, unless a waiver of the requirements is approved. 3. The Contractor will provide any further verified information, certification, or assurance of compliance with this paragraph, or information necessary to support a waiver of the AIS Requirements, as may be requested by the Purchaser or State. C. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser to recover as damages against the Contractor any loss, expense or cost (including without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 3 2.02 DAVIS-BACON ACT PROVISIONS A. Contractor shall comply with the following provisions of the Davis-Bacon Act. “(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section (1)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 4 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The South Tahoe PUD shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 5 accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the South Tahoe PUD may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the South Tahoe PUD if the South Tahoe PUD is a party to the contract, but if the South Tahoe PUD is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the State Water Resources Control Board, or the United States Environmental Protection Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 6 information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the State Water Resources Control Board, or the United States Environmental Protection Agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the State Water Resources Control Board or the United States Environmental Protection Agency, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner. (B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 7 (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State Water Resources Control Board, the State of California, the United States Environmental Protection Agency, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 8 be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the State Water Resources Control Board, United States Environmental Protection Agency, federal Office of Management and Budgets, and/or federal Department of Labor may by appropriate instructions require, and also a clause requiring the subcontractors to include these 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 9 clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.” B. Contract Work Hours and Safety Standards Act. For any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act, the following clauses shall be included, in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 10 to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The District shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.” C. For any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the following shall be required: “the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the USEPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.” D. Wage Rate Determinations. 1. The Contractor shall, at a minimum, pay wages and benefits consistent with the determinations for the applicable classifications and groups, as set forth in current versions of the Davis Bacon Act Wage Determinations. a. These rates shall be applicable for the term of the Contract. A copy of the General Decision listing the minimum rates to be paid by labor classification is attached to this Section. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 11 b. If the California Prevailing Wage rate for a given classification is greater than the wage rate set in the General Decision identified in 1. (above) at the time the work is performed, then the minimum wage paid shall be consistent with the California Prevailing Wage rate. E. Compliance Verification: The Contractor and its subcontractors shall cooperate with the District and not hinder its performance of periodic interviews of a sufficient number of employees entitled to Davis Bacon prevailing wages (covered employees), its review of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates, and its review of apprentice and trainee programs, if applicable. 2.03 LABOR CODE SECTION 1776 - COMPLETE PAYROLL RECORDS; CERTIFIED AND AVAILABLE A. Each CONTRACTOR and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 1. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. B. The payroll records enumerated under Part A shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in Part A shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in Part A shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Part 2, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 12 C. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. D. A CONTRACTOR or subcontractor shall file a certified copy of the records enumerated in Part A with the entity that requested the records within 10 days after receipt of a written request. E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774. The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fee and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter. F. The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. G. The CONTRACTOR or subcontractor shall have 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. H. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. I. The director shall adopt rules consistent with the California Public Records Act, (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1, Government Code) and the Information Practices Act of 1977, (Title 1.8 (commencing with 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 13 Section 1798), Part 4, Division 3, Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 2.04 LABOR CODE SECTION 1777.5 - EMPLOYMENT OF PROPERLY REGISTERED APPRENTICES A. Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. B. Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. C. Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: 1. The apprenticeship standards and apprentice agreements under which he or she is training. 2. The rules and regulations of the California Apprenticeship Council. D. When the CONTRACTOR to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the CONTRACTOR shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the CONTRACTOR under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the CONTRACTOR, shall arrange for the dispatch of apprentices to the CONTRACTOR. A CONTRACTOR covered by an apprenticeship program's standards shall not be required to submit any additional application in order to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, "CONTRACTOR" includes any subcontractor under a CONTRACTOR who performs any public works not excluded by subdivision (o). E. Prior to commencing work on a contract for public works, every CONTRACTOR shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 14 the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each CONTRACTOR and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. F. The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. G. The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the CONTRACTOR agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. H. This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The CONTRACTOR shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the CONTRACTOR shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. W here an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. I. A CONTRACTOR covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). J. Upon proper showing by a CONTRACTOR that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the CONTRACTOR from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. K. An apprenticeship program has the discretion to grant to a participating CONTRACTOR or CONTRACTOR association a certificate, which shall be subject 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 15 to the approval of the Administrator of Apprenticeship, exempting the CONTRACTOR from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: 1. Unemployment for the previous three-month period in the area exceeds an average of 15 percent. 2. The number of apprentices in training in the area exceeds a ratio of 1 to 5. 3. There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. 4. Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. L. When an exemption is granted pursuant to subdivision (k) to an organization that represents CONTRACTORs in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member CONTRACTORs shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. M. 1. A CONTRACTOR to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A CONTRACTOR may take as a credit for payments to the council any amounts paid by the CONTRACTOR to an approved apprenticeship program that can supply apprentices to the site of the public works project. The CONTRACTOR may add the amount of the contributions in computing his or her bid for the contract. 2. At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows: a. If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. b. If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program. c. All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 16 3. All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards. N. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime CONTRACTOR. O. This section does not apply to contracts of general CONTRACTORs or to contracts of specialty CONTRACTORs not bidding for work through a general or prime CONTRACTOR when the contracts of general CONTRACTORs or those specialty CONTRACTORs involve less than thirty thousand dollars ($30,000). P. All decisions of an apprenticeship program under this section are subject to Section 3081. 2.05 LABOR CODE SECTION 1810 - DEFINITION: A LEGAL DAY’S WORK A. Eight hours labor constitutes a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party. 2.06 LABOR CODE SECTION 1813 - PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT A. The CONTRACTOR or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective CONTRACTOR or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 2.07 LABOR CODE SECTION 1815 - MINIMUM OVERTIME PAY A. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of CONTRACTORs in excess of 8 hours per day, and 40 hours during any one week, shall be permitted 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 17 upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1.5) times the basic rate of pay. 2.08 LABOR CODE SECTION 1860 - CONTRACT PROVISION A. The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation to his employees. 2.09 LABOR CODE SECTION 1861 - CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700 A. Each CONTRACTOR to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 2.10 CULTURAL RESOURCES A. If required as a condition of the District’s contract for funding, the Contractor shall abide by the following: 1. If archaeological features or materials are unearthed during any phase of project activities, all work in the immediate vicinity of the find shall halt until Recipient has contacted the State and the significance of the resource has been evaluated. Any mitigation measures that may be deemed necessary must have the approval of the State, and shall be implemented, pursuant to the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, 48 CFR 44716, by a qualified archaeologist representing the Recipient prior to the resumption of construction activities. 2. If human remains are exposed by activity related to the Project, the Recipient must comply with California State Health and Safety Code, Section 7050.5, which states that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to California Public Resources Code, Section 5097.98.” 2.11 DISADVANTAGED BUSINESS ENTERPRISES (DBE) REQUIREMENTS A. Compliance with the most recent requirements of the State Water Resources Control Board “Guidelines for Meeting the California State Revolving Fund (CASRF) Loan Programs (Clean Water and Drinking Water SRF) Disadvantaged Business Enterprise (DBE) Requirements”, and completion of the applicable forms identified below and included in Section 00 75 00 of these Specifications together satisfy the Disadvantaged Business Enterprise (DBE) requirements for this construction 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 18 contract. Failure to take the six (6) Good Faith Efforts prior to bid opening shall cause the bid to be rejected as a non-responsive bid. 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practical through outreach and recruitment activities. For Tribal, State and Local government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs. Posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. 4. Encourage contracting with a group of DBEs when a contract is too large for one firm to handle individually. 5. Use the services and assistance of the Small Business Administration (SBA) and/or the Minority Business Development Agency of the Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps. B. Documentation by the Bidder of the steps taken to complete the six (6) Good Faith Efforts is required. This documentation should include mail logs, phone logs, electronic searches and communication, newspaper clippings or similar records documenting the use of the above identified sources of information about DBEs, the prime contractor's efforts to contact them, and other efforts to meet the Good Faith Effort six step requirements. C. The following steps, at a minimum, shall be performed and documented in support of the Good Faith Effort (GFE). If any of the following steps are not performed and documented then the District may find the Contractor non-responsive, and the Bid may be rejected. 1. .Utilize the services of the SBA and/or MBDA to advertise the project at least 30 calendar days prior to the bid date, and provide proof of advertisement (date/time). If the resources of the SBA and MBDA are unresponsive or unavailable for advertising the project, and the Contractor provides verifiable documentation that a good-faith effort was made to use these services in advance of the 30 day deadline, then the Contractor may substitute for this requirement advertisement (at least 30 days prior to bid date) in other publications or online resources that serve the disadvantaged business community (such as the CalTrans Unified Certification Program). Proof of a minimum of one verifiable advertisement is required.” 2. Record efforts to contact DBEs for solicitation (and DBE responses) on Form 1. Provide District with a copy of the solicitation / invite to bid and record the list of recipients on Form 1. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 19 3. The Contractor and any selected subcontractors or suppliers who are DBEs must each complete Form EPA 6100-3. If there are none, then Form EPA 6100-3 may be omitted. 4. Identify any DBEs selected to perform work on Form EPA 6100-4, and sign. If none are selected, then so indicate and sign. 5. Identify all subcontractors, suppliers and brokers from which bids were received for the Work, DBEs and non-DBEs included, and provide all information requested on Form 5. 6. Except as indicated in Section 007500, GFE supporting documentation must be provided at District request within the time frame indicated in Section 00 20 00, Part 2.06. D. Under the DBE Program, entities can no longer self-certify and contractors and sub- contractors must be certified at bid opening. E. For the duration of the Contract, the Contractor and all subcontractors will be required to report progress made in fulfilling the GFE in semi-annual reports to the District, including but not limited to DBE utilization reporting. The District will provide forms and instructions for reporting their GFEs. Contractor shall provide these forms, including but not limited to DBE Subcontractor Participation Form EPA6100-2, to any selected DBE subcontractors or suppliers . Failure to provide this information as stipulated will be cause for termination of the Contract. F. The District accepts the Fair Share Goals negotiated with US EPA by the State Water Resources Control Board for Safe Drinking Water State Revolving Fund Projects for Minority Business Enterprises (MBE) and Women’s Business Enterprises (WBE) listed in the following table. Under the program, the District cannot be penalized for not meeting its fair share objectives. The Contractor, likewise, affirms the acceptance of these Fair Share Goals and cannot be penalized for not meeting its fair share objectives. PROCUREMENT CATEGORY MBE PARTICIPATION GOAL WBE PARTICIPATION GOAL Construction 11% 4% Supplies 2% 1% Services 4% 2% Equipment 2% 2% 2.12 THE SUBLETTING AND SUBCONTRACTING FAIR PRACTICES ACT A. Any person making a bid or offer to perform a contract shall, in his or her bid or offer, set forth the following: 1. The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime CONTRACTOR in or about the construction of the work or improvement, or a subcontractor licensed 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 20 by the State of California who, under subcontract to the prime CONTRACTOR, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime CONTRACTOR’s total bid or in the case of bids or offers for the construction of streets or highways, including bridges in excess of one-half or 1 percent of the prime CONTRACTOR’s total bid or ten thousand dollars ($10,000), whichever is greater. 2. The portion of work that will be done by each subcontractor under this act. The prime CONTRACTOR shall list only one subcontractor for each portion of work as is defined by the prime CONTRACTOR in his or her bid or offer. B. These requirements apply to the information required relating to subcontractors certified as minority or women business enterprises. For purposes of this requirement, “subcontractor” and “prime CONTRACTOR” shall have the same meaning as those terms are defined in Section 4113 of the Public Contract Code. 2.13 EXECUTIVE ORDER 11246: 40 CFR 7.3 - EQUAL OPPORTUNITY CLAUSE (IN RELEVANT PART) A. During the performance of this contract, the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. 3. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 21 permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The CONTRACTOR will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. B. SEC. 203 3. Each CONTRACTOR having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the CONTRACTOR and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. 1. Bidders or prospective CONTRACTORs or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. 2. Whenever the CONTRACTOR or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the CONTRACTOR, the CONTRACTOR shall so certify to the contracting agency 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 22 as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. 3. The contracting agency or the Secretary of Labor may direct that any bidder or prospective CONTRACTOR or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective CONTRACTOR deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, creed, or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the Order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the contracting agency or the Secretary of Labor may require. 2.14 41 CFR 60-1.4 NONDISCRIMINATION CLAUSE A. During the performance of this contract, the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 23 and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The CONTRACTOR will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. a. Federally assisted construction contracts. 1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: b. During the performance of this contract, the CONTRACTOR agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 24 or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 25 of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of CONTRACTORs and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a CONTRACTOR debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon CONTRACTORs and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. c. Subcontracts. Each nonexempt prime CONTRACTOR or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. d. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. e. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 26 contracts and whether or not the contract between the agency and the CONTRACTOR is written. f. Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. [43 FR 49240, Oct. 20, 1978, as amended at 62 FR 66971, Dec. 22, 1997]41 CFR 60-4.2 2.15 41 CFR 60-4.2 - CONSTRUCTION CONTRACTORS--AFFIRMATIVE ACTION REQUIREMENTS (in relevant part) Notice of requirement for Affirmative Action to ensure Equal Employment Opportunity (EEO) by Executive Order 11246, as amended by Executive Order 11375. 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR's aggregate workforce in each trade on all construction work in the covered area, are as follows: Time- Goals for minority participation Goals for female participation tables for each trade for each trade Within Contract Time 14.3% (El Dorado Co.) 6.9% Per Section 00 72 00 The Office of Federal Contract Compliance Programs’ web site for compliance issues and preaward registry is at http://www.dol.gov/esa/welcome. These goals are applicable to all the CONTRACTOR's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the CONTRACTOR performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the CONTRACTOR also is subject to the goals for both its federally involved and non-federally involved construction. The CONTRACTOR's compliance with the Executive Order and the regulations in 41 CFR Part 60 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 4. Compliance with the goals will be measured against the total work hours performed. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 27 3. The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (notify the applicable Regional Office found at www.dol.gov/esa) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). § 60 4.3 Equal opportunity clauses (in relevant part) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: 1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); 2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); 3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and 4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 5. Whenever the CONTRACTOR, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 6. If the CONTRACTOR is participating (pursuant to 41 CFR 60 4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 28 be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTORs must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTORs or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 7. The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction CONTRACTORs performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The CONTRACTOR is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 8. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement, to refer either minorities or women shall excuse the CONTRACTOR's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 9. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 10. The CONTRACTOR shall take specific affirmative action’s to ensure equal employment opportunity. The evaluation of the CONTRACTOR's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: e. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the CONTRACTOR's employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents, and other on site supervisory personnel are aware of and carry out the CONTRACTOR's obligation to maintain such a working 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 29 environment, with specific attention to minority or female individuals working at such sites or in such facilities. f. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available, and maintain a record of the organizations' responses. g. Maintain a current file of the names, addresses and telephone numbers of each minority and female off the street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. h. Provide immediate written notification to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR's efforts to meet its obligations. i. Develop on the job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR's employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. j. Disseminate the CONTRACTOR's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. k. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. l. Disseminate the CONTRACTOR's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 30 the CONTRACTOR's EEO policy with other CONTRACTORs and Subcontractors with whom the CONTRACTOR does or anticipates doing business. m. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. n. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR's work force. o. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60 3. p. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. q. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR's obligations under these specifications are being carried out. r. Ensure that all facilities and company activities are Non-Segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. s. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction CONTRACTORs and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. t. Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR's EEO policies and affirmative action obligations. 11. CONTRACTORs are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a CONTRACTOR association, joint CONTRACTOR union, CONTRACTOR community, or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 31 obligation to comply, however, is the CONTRACTOR's and failure of such a group to fulfill an obligation shall not be a defense for the CONTRACTOR's noncompliance. 12. A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally, the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is underutilized). 13. The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 14. The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 15. The CONTRACTOR shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 16. The CONTRACTOR, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 4.8. 17. The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTORs shall not be required to maintain separate records. 18. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 32 2.16 ELIMINATION OF SEGREGATED FACILITIES - NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION CONTRACTORS A. A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. B. CONTRACTORs receiving Federally-assisted construction contract awards exceeding $10,000 which, are not exempt from the provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the following notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON-SEGREGATED FACILITIES a. A Certification of Non-Segregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. b. CONTRACTORs receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supply and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. 2.17 PART 32--GOVERNMENT WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENT WIDE REQUIREMENTS FOR DRUG FREE WORKPLACE (GRANTS) Appendix A to Part 32 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 33 this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 34 Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Appendix B to Part 32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 11. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 12. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 13. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 35 meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 14. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 15. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 16. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 17. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 18. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 36 2.18 RESPONSIBILITY FOR REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES; CONTRACTS AND PROVISIONS A. GOVERNMENT CODE SECTION 4215 (in relevant part) 1. In any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the OWNER of the utility to provide for removal or relocation of such utility facilities. 2.19 SUBMITTING OF BIDS AND AGREEING TO ASSIGN A. GOVERNMENT CODE SECTION 4552 (in relevant part) 1. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (1978) 2.20 AUDIT, INSPECTION AND RECORDKEEPING A. The District may, at any time, and from time to time, during the performance of the work, enter the work site for the purpose of meeting audit, inspection and recordkeeping requirements. The funding agency and the District shall have the right, but not the duty, to inspect the work being performed on the project at any and all reasonable times during the term of the funding agreement. This right extends to the inspection of any portion of the project under control of the contractor and/or their subcontractors. B. Upon execution of the funding agreement and three years following final disbursement of funds, the District shall be subject to the examination and audit by funding agency or any of its designated agents (Government Code Section 8546.7). The District is also subject to examination and audit by the United States Environmental Protection Agency, the Comptroller General of the United States, 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 37 and the United States Office of the Inspector General, with respect to all matters connected with the performance of the funding agreement. C. At any and all reasonable times during the term of the funding agreement, the District and the funding agency shall have the right to inspect and to make copies of any books, records, or reports pertaining to the funding agreement. The District must maintain and make available records of all its costs, disbursements, and receipts with respect to its activities under the funding agreement. D. Contractors and subcontractors are required to maintain books, records, and other documents pertinent to their work on the project in accordance with Generally Accepted Accounting Principles. 2.21 NONCOLLUSION AFFIDAVIT A. The Contractor shall file a sworn statement executed by, or on behalf of the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not either directly or indirectly, entered into any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. The form to make the non-collusion affidavit is provided as Section 00 41 00 Noncollusion Affidavit to be Executed by Bidder and Submitted with Bid. 2.22 CLEAN WATER ACT AND CLEAN AIR ACT PROCUREMENT PROHIBITIONS A. The Contractor must use the Excluded Parties List System (EPLS) to confirm that it will not procure goods, services, or materials from any entity, or otherwise utilize any facility for the construction of the project, if the entity or facility is listed on the USEPA List of Violating Facilities. B. The Contractor must use the Excluded Parties List System (EPLS) to confirm that it is in compliance with the procurement provisions of Executive Order No.11738, 3 C.F.R. 799 (1973), Section 306 of the Clean Air Act 42 U.S.C. 7606 (1994) and Section 508 of the Clean Water Act 33 U.S.C. 1368 (1982). C. A list of excluded parties may be found at the Excluded Parties List System (EPLS) website: https://www.epls.gov/ 2.23 TRAFFICKING IN PERSONS A. The Contractor, subcontractor and their employees may not engage in severe forms of trafficking in persons during the term of this Contract, procure a commercial sex act during the term of this Contract, or use forced labor in the performance of this Contract. The Contractor must inform the District immediately of any information regarding a violation of the foregoing. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 38 2.24 DRUG-FREE WORKPLACE A. No person, other than an individual, shall receive a grant or provide contract services for any Federal agency unless such person agrees to provide a drug-free workplace by: 1. publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; 2. establishing a drug-free awareness program to inform employees about: a. the dangers of drug abuse in the work- place; b. the grantee's policy of maintaining a drug-free workplace; c. any available drug counseling, rehabilitation, and employee assistance programs; and d. the penalties that may be imposed upon employees for drug abuse violations; 3. making it a requirement that each employee to be engaged in the performance of such grant be given a copy of the statement required by Part 2.24.A.1. 4. notifying the employee in the statement required by Part 2.24.A.1 that as a condition of employment in such grant, the employee will: a. abide by the terms of the statement; and b. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 5. notifying the granting agency within 10 days after receiving notice of a conviction under Part 2.24.A.4.b from an employee or otherwise receiving actual notice of such conviction; 6. imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 703 of this title; and 7. making a good faith effort to continue to maintain a drug-free workplace through implementation of Parts 2.24.A.1 to 7. 2.25 LOBBYING A. Contractor must certify that no federal funds have or will be paid to persons to influence the funding decision (lobby) for the proposal that is being submitted for consideration. 1. No federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a federal contract, making of a federal grant, the making of a federal loan, the entering into of a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement. 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 39 2. If any funds other than federal appropriated funds have been paid or will be paid to any person (other than a regularly employed officer or employee of the applicant) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall request, complete, and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. END OF SECTION 5/13/2021 SECTION 00 74 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT CONDITIONS 40 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 1 SECTION 00 75 00 GRANT FORMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. To comply with the Contract requirements for Grant Funding, the Contractor must complete the following forms (attached) and submit them with the Bid: a. American Iron and Steel Certification b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion c. Form EPA 6100-3: DBE Subcontractor Performance d. Form EPA 6100-4: DBE Subcontractor Utilization e. Lobbying Forms, only one shall be completed, as applies: 1) Certification Regarding Lobbying, or 2) Disclosure of Lobbying Activities 2. To comply with Contract requirements for Grant Funding, the Contractor must complete the following forms and submit them at the District’s request in accordance with Section 00 20 00, Part 2.06.A: a. Form 1: DBE “Good Faith” Effort List of Subcontractors Solicited b. Form 5: Summary of Bids Received – DBE and non-DBE. 3. To comply with Contract requirements for Grant Funding, the Contractor must complete the following forms and submit them at the District’s request following award of the project. a. Certification of Non-Segregated Facilities b. Drug-Free Workplace Certification c. Non-Discrimination Clause d. Form EPA 6100-2: DBE Subcontractor Participation Form B. The certification requirements included herein are described fully in Section 00 74 00, Grant Conditions. 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 2 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 3 AMERICAN IRON AND STEEL CERTIFICATION CONTRACTOR/APPLICANT: 1. Identification of American-made Iron and Steel: Consistent with the terms of the Purchaser's bid solicitation, the Bidder certifies that this bid reflects the Bidder's best, good faith effort to identify domestic sources of iron and steel for every component contained in the bid solicitation where such American-made components are available on the schedule and consistent with the deadlines prescribed in or required by the bid solicitation. 2. Verification of U.S. Production: The Bidder certifies that all components contained in the bid solicitation that are American-made have been so identified, and if this bid is accepted, the Bidder agrees that it will provide reasonable, sufficient, and timely verification to the Purchaser of the U.S. production of every component so identified. 3. Documentation Regarding Non-American-made Iron and Steel: The Bidder certifies that for any component or components that are not American-made and are so identified in this bid, the Bidder has included in or attached to the bid one or both of the following, as applicable: a. Identification of and citation to a categorical waiver published by the U.S. Environmental Protection Agency in the Federal Register that is applicable to such component or components, and an analysis that supports its applicability to the component or components. b. Verifiable documentation sufficient to the Purchaser, as required in the bid solicitation or otherwise, that the Bidder has sought to secure American made components but has determined that such components are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation, with assurance adequate for the Bidder under the applicable conditions stated in the bid solicitation or otherwise. 4. Information and Detailed Justification Regarding Non- American-made Iron and Steel: The Bidder certifies that for any such component or components that are not so available, the Bidder has also provided in or attached to this bid information, including but not limited to the verifiable documentation and a full description of the bidder's effort to secure any such American-made component or components, that the Bidder believes are sufficient to provide and as far as possible constitute the detailed justification required for a waiver under section 1605 with respect to such component or components. The Bidder further agrees that, if this bid is accepted, it will assist the Purchaser in amending, supplementing, or further supporting such information as required by the Purchaser to request and, as applicable, implement the terms of a waiver with respect to any such component or components. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 4 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTOR/APPLICANT: (1) The contractor certifies, by submission of this proposal, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal agencies; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the contractor is unable to certify to any of the statements in this certification, such contractor shall attach an explanation to this proposal*. *Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency, dates of action, and the type of violation. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 6 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 7 CERTIFICATION OF NON-SEGREGATED FACILITIES CONTRACTOR/APPLICANT: Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, California 94105 (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specified time period) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt form the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: Note:The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 8 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 9 DRUG-FREE WORKPLACE CERTIFICATION CONTRACTOR/APPLICANT: The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or applicant will: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person’s or organization’s policy of maintaining a drug-free workplace, (c)Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan: (a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 10 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 11 NON-DISCRIMINATION CLAUSE CONTRACTOR/APPLICANT: 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), marital status, age (over 40) or denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900 (a-f), set forth in Chapter 5 of Division 4 of Title 2 or the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I hereby certify that the Contractor will abide by the above requirements. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: 5/13/2021 SECTION 00 75 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 GRANT FORMS 12 THIS PAGE LEFT INTENTIONALLY BLANK CERTIFICATION REGARDING LOBBYING CONTRACTOR/APPLICANT: The undersigned certifies to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in conjunction with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL’S NAME: DATE EXECUTED: EXECUTED IN COUNTY OF: CONTRACTOR/APPLICANT SIGNATURE: TITLE: THIS PAGE LEFT INTENTIONALLY BLANK EPA FORM 6100-2 (DBE Subcontractor Participation Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its DBE subcontractors. This form gives a DBE1 subcontractor2 the opportunity to describe work received and/or report any concerns regarding the EPA-funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance. Subcontractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity: Contract Item Number Description of Work Received from the Prime Contractor Involving Construction, Services , Equipment or Supplies Amount Received by Prime Contractor 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-2 (DBE Subcontractor Participation Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Participation Form Please use the space below to report any concerns regarding the above EPA-funded project: ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. Subcontractor Signature Print Name Title Date EPA FORM 6100-3 (DBE Subcontractor Performance Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form This form is intended to capture the DBE1 subcontractor’s2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package. Subcontractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity: Contract Item Number Description of Work Submitted to the Prime Contractor Involving Construction, Services , Equipment or Supplies Price of Work Submitted to the Prime Contractor DBE Certified By: ____ DOT ____ SBA ____ Other: _________________________________________ Meets/ exceeds EPA certification standards? ____ YES ____ NO ____ Unknown 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. EPA FORM 6100-3 (DBE Subcontractor Performance Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Date Subcontractor Signature Print Name Title Date The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORM 6100-4 (DBE Subcontractor Utilization Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Contractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address Telephone No. Email Address Issuing/Funding Entity: I have identified potential DBE certified subcontractors ___ YES ___ NO If yes, please complete the table below. If no, please explain: Subcontractor Name/ Company Name Company Address/ Phone/ Email Est. Dollar Amt Currently DBE Certified? 1 A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certifications as described in 40 CFR 33.204-33.205 or certified by EPA. EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2 Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. Continue on back if needed EPA FORM 6100-4 (DBE Subcontractor Utilization Form) OMB Control No: 2090-0030 Approved: 8/13/2013 Approval Expires: 8/31/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. Prime Contractor Signature Print Name Title Date South Tahoe Public Utility District DBE Good – Faith Effort Documentation FORM 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) “GOOD FAITH” EFFORT LIST OF SUBCONTRACTORS SOLICITED Contractor Name Contractor Address How Located Date of Contact Contact Method Type of Work/Trade Response (Yes/No) Provide complete list. Use additional sheets, if necessary South Tahoe Public Utility District DBE Good – Faith Effort Documentation THIS PAGE LEFT INTENTIONALLY BLANK South Tahoe Public Utility District DBE Good – Faith Effort Documentation FORM 5 SUMMARY OF BIDS RECEIVED DBE & NON-DBE THIS SUMMARY IS PREPARED BY THE PRIME CONTRACTOR Type of Work or Trade Company Name Selected (Yes or No) Bid Amount DBE (Check) NON-DBE (Check) List type of jobs alphabetically, from low to high in each category and selected low bidder. Include subcontractors, suppliers, and brokers. Use additional sheets, if necessary. South Tahoe Public Utility District DBE Good – Faith Effort Documentation THIS PAGE LEFT INTENTIONALLY BLANK                     ',9,6,21 5/13/2021 SECTION 01 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT GENERAL PROJECT REQUIREMENTS PHASE 2 1 SECTION 01 10 00 GENERAL PROJECT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Description of construction delivered under Contract, separate Contracts and restrictions affecting construction activities. PART 2 SUMMARY OF WORK 2.01 PROJECT DESCRIPTION A. It is the District's intent to: construct a new 150,000 gallon bolted steel tank with an aluminum dome roof, including all appurtenances identified within the plans and specifications at the District’s Keller Tank site. The tank and aluminum dome shall be factory coated. 2.02 DEFINITION OF WORK A. The Work to be performed under the Contract Documents shall include the furnishings of all labor, materials, equipment, tools, transportation, and incidentals necessary for the completion of all Work for the project. 2.03 LOCATION OF PROJECT A. The Work is located within the District boundaries at or near South Lake Tahoe, California. PART 3 WORK RESTRICTIONS 3.01 CONTRACTOR’S USE OF PREMISES A. Contractor access during construction shall be limited to those areas of the site indicated on the Plans. Access to additional areas of the site may be granted to Contractor with approval of the Engineer. B. Contractor access ways, staging areas and materials storage are shown on the Plans. 5/13/2021 SECTION 01 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT GENERAL PROJECT REQUIREMENTS PHASE 2 2 C. Safety and security of the Contractor’s equipment and materials on District property is the responsibility of the Contractor. D. Contractor’s use of premises shall be limited to those activities that are necessary for the completion of the Work, and shall be limited to the Work Hours defined in Part 3.02 E. Overnight storage of equipment on road shoulder within the Right of Way will be allowed if the following requirements are met: 1. Driveways and other entrances or exits from properties are not to be obstructed. 2. A 24 hour contact number is provided to the District in the event that equipment must be moved for any reason. 3. Areas for proposed overnight storage of equipment are digitally photographed in advance by the Contractor and the photographs are provided to the District. 4. Any damage or land disturbance caused by storing of equipment overnight will be repaired on a daily basis by the Contractor at the Contractor’s expense. 5. Area’s used for overnight storage of equipment will be brought back to conditions equivalent to the pre-project conditions at the contractor’s expense. 6. The safety and security of equipment and storage area is the sole responsibility of the Contractor. 3.02 WORK HOURS A. On-site work hours shall be as indicated on the Plans. 3.03 WORK BY OTHERS A. The District, utility companies, and others may be working within the project area while the Work is in progress. If so, the Contractor shall schedule its work, in conjunction with these other persons to minimize mutual interference, to the extent reasonably possible within the time constraints of this Project. B. Others working on associated facilities and probably interfacing with the Contractor at some time during the execution of the work include: 1. Operations and Maintenance personnel of the South Tahoe Public Utility District; 2. Other utilities and/or agencies including, but not limited toCity of South Lake Tahoe, the US Forest Service, and Liberty Energy.. C. The Contractor shall cooperate to make the necessary connections at a minimum cost and time delay for all involved. In the event of lack of agreement, the Engineer will determine how and where the interface shall be made and his decision shall be final. 5/13/2021 SECTION 01 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT GENERAL PROJECT REQUIREMENTS PHASE 2 3 3.04 USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY EQUIPMENT OR FACILITIES A. The District may, at any time, and from time to time, during the performance of the work, enter the work site for the purpose of installing any necessary work by the District labor or other contracts, and for any other purpose in connection with the installation of facilities. In doing so, the District shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the District. B. If, prior to completion and final acceptance of all the work, the District takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the work with the intent to retain possession (as distinguished from temporary possession contemplating the return to the Contractor) then, while the District is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor's fault or negligence. Such taking of possession by the District shall not relieve the Contractor from any provisions of this Contract respecting such structure, other than to the extent specified in the preceding sentence, nor constitute a final acceptance of such structure or facility. C. If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the District shall have the right to operate such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the District. 3.05 PUBLIC CONVENIENCE A. This section defines the Contractor's responsibility with regard to convenience of the public and public traffic in connection with his operations. B. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. C. Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. D. Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. E. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. F. Convenient access to driveways, houses, and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When 5/13/2021 SECTION 01 10 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT GENERAL PROJECT REQUIREMENTS PHASE 2 4 the abutting property owner's access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable. G. Water shall be supplied if ordered by the Engineer for the alleviation or prevention of dust nuisance affecting the public and traffic, as provided in Section 01 50 00, Part 2.06. END OF SECTION 5/13/2021 SECTION 01 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PRICE AND PAYMENT PROCEDURES 1 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for cash and quantity allowances for products, installation, testing and contingencies. PART 2 PRICE AND PAYMENT PROCEDURES 2.01 PROGRESS PAYMENT A. Progress Payment Spreadsheet. By the first Monday of the month, the District will provide the Contractor a Progress Payment Spreadsheet (Spreadsheet). In consultation with the Engineer (or Engineer’s designee), the parties will work collaboratively to determine the estimated bid item quantities (or percentage of work) completed by the Contractor the through the end of the previous month. By close of business on Friday of that week, the Contractor will submit the Spreadsheet, along with such supporting documentation and calculations required by the Contract Documents, to the District. The Engineer will review the Spreadsheet and determine whether the estimated quantities are correct. If the estimated quantities are not correct in the opinion of the District, the Engineer and Contractor will attempt to resolve differences in the estimated quantities. If an agreement cannot be reached for a particular item quantity, the proposed Pay Estimate Package provided to the Contractor will be based on the District’s estimated quantity for the item. B. Pay Estimate Package. The District will prepare the proposed Pay Estimate Package and distribute it to the Contractor. Within three (3) calendar days of receiving the proposed Pay Estimate Package, the Contractor shall review the proposed Pay Estimate Package and submit an executed Pay Estimate Package to the District pursuant to Public Contract Code section 20104.50. The Contractor is responsible for the accuracy of the submitted Pay Estimate Package and by submitting the Pay Estimate Package to the District, the Contractor verifies the accuracy of the pay quantities. Upon receipt, the District shall review the Pay Estimate Package to determine whether it is undisputed and suitable for payment. If the Pay Estimate Package is unsuitable for payment, it shall be returned to Contractor as soon as practicable, but not later than seven (7) calendar days after receipt, accompanied by a document setting forth in writing the reasons why the Pay Estimate Package is not proper. The Contractor shall make the necessary corrections and resubmit the Pay Estimate Package within three (3) days of receiving the Pay Estimate Package unsuitable for payment. After receipt of a Pay Estimate Package that is determined by the District to be undisputed and suitable for payment, the Pay Estimate Package will be presented to the District Board of 5/13/2021 SECTION 01 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PRICE AND PAYMENT PROCEDURES 2 Directors for approval at a future Board meeting. The District shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. Nothing in this section waives any rights or remedies reserved for the District, including, but not limited to, withholding payment of encumbered funds, under this Contract or allowed by law.. C. The payment request may, under separate line item, give consideration to materials on hand as a convenience to the Contractor. Consideration shall only be upon Contractor’s request, and shall be presented in a form that is acceptable to the Engineer for counting and tracking materials. Materials on hand will be paid only for materials delivered to the work site, and for which the Contractor provides paid invoices. The Contractor shall be responsible for updating the summary on a monthly basis to zero out items that have been installed in the prior month. D. In reviewing the payment request, the Engineer shall deduct from the amount of the request: 1. amounts due to the District for equipment or materials furnished or services rendered; 2. amounts due to the District under the terms of the Contract; and 3. amounts required to be deducted by federal, state or local governmental authority. E. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, in the forms prescribed by California Civil Code §3262. F. The District will pay the Contractor ninety-five (95%) percent of the amount of each payment request. Five percent (5%) of the amount of each payment request shall be retained by the District until final completion and acceptance of all work under the Contract. G. The Contractor may, in accordance with the provisions of Public Contract Code section 22300, substitute securities for any monies which the District may withhold to insure performance under the Contract. H. When, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the Contract, no pay payment request will be prepared and no payment will be made. I. No payment request or payment shall be considered to be an approval or acceptance of any work, materials, or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent payment requests, progress payments and the final estimate and payment. All requests and payments will be subject to correction in subsequent and final payment requests and payment. J. No payments made under the Contract, including progress payments and the final payment, shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective or incomplete work or improper materials. 5/13/2021 SECTION 01 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PRICE AND PAYMENT PROCEDURES 3 K. If the validity of a properly filed request for payment by the Contractor is not disputed, payment of the request by the District shall include interest at the rate provided in Subdivision (a) of Section 685.010 of the Code of Civil Procedures if payment has not been made within thirty (30) days after the proper submission of the claim to the District. The District shall review each payment request as soon as practicable after receipt for the purpose of determining whether the payment request is a proper payment request. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this subsection shall be accompanied by a written explanation of the reasons why the payment request is not proper. The number of days available to the District to make a payment without incurring interest pursuant to this subsection shall be reduced by the number of days by which the District exceeds the seven (7) day return requirement set forth above. 2.02 FINAL PAYMENT A. Final Payment shall be in conformance with the terms set forth Section 01 77 00, Closeout Procedures. END OF SECTION 5/13/2021 SECTION 01 20 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PRICE AND PAYMENT PROCEDURES 4 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 01 31 00 KELLER-HEAVENLY WATER SYSTEM PROJECT MANAGEMENT AND COORDINATION IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for the management and coordination of subcontractors and coordination with other Contractors and the District. PART 2 PROJECT MANAGEMENT AND COORDINATION 2.01 RESPONSIBILITY OF CONTRACTOR A. If any part of the Work depends on proper execution or results of the work of others, the Contractor shall inspect and promptly report to the Engineer any apparent discrepancies or defects in such work of others that render it unsuitable for such proper execution and results. Failure of the Contractor to so inspect and report constitutes acceptance of the work of others as fit and proper except as to defects which may develop in the work of others after execution of the Work by the Contractor. 2.02 CONTRACT DOCUMENTS A. The Contractor shall keep one copy of the Contract Documents, Shop Drawings, Change Orders and other modifications in good order, available to the Engineer and his representatives, and convenient to the work site. This set of Contract Documents shall be marked as the project progresses to record the details of all changes made during construction. Contract Drawings shall include schematic depictions of changes, and Specifications shall include redline strikeout of changes to language; showing only reference to related Requests for Information, Shop Drawings or written directive will not suffice. B. During the progress meetings, defined in Part 3.02 below, such documents shall be reviewed to ascertain that all changes have been recorded. C. If the Contractor, in the course of the work, finds any discrepancy between the Contract Documents and the physical condition of the locality, or any errors or omissions in the Contract Documents, or in the layout as given by points and instructions, the Contractor shall follow the procedures outlined in Section 00 72 00, General Conditions. 5/13/2021 SECTION 01 31 00 KELLER-HEAVENLY WATER SYSTEM PROJECT MANAGEMENT AND COORDINATION IMPROVEMENTS PROJECT, PHASE 2 2 2.03 SEPARATE CONTRACTS A. The District reserves the right to let other contracts in connection with this work. The Contractor shall afford such other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with the other contractor's work. B. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the drawings. 2.04 COOPERATION OF CONTRACTORS A. Should construction be under way by other forces or by other Contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. B. When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by his operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion. 2.05 COORDINATION OF WORK A. The Contractor shall maintain overall coordination for the execution of the Work. Based on the Construction Schedule prepared in accordance with the Contract Documents, the Contractor shall obtain from each of its subcontractors a similar schedule which shall be integrated into the construction schedule. The Contractor shall then be responsible for all parties maintaining these schedules and coordinating required modifications as approved by the District. 2.06 SUPERINTENDENCE A. Contractor's Representative: The Contractor shall designate in writing before starting work an individual as authorized representative who shall have the authority to represent and act for the Contractor. This authorized representative shall be present at the site of the work at all times while work is actually in progress on the Contract. The Contractor shall not change representatives without the written approval of the Engineer. 5/13/2021 SECTION 01 31 00 KELLER-HEAVENLY WATER SYSTEM PROJECT MANAGEMENT AND COORDINATION IMPROVEMENTS PROJECT, PHASE 2 3 B. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for the performance and supervision of any emergency work which may be required. C. It is the intent of this section that the Contractor (1) supervise all work, including that of subcontractors, (2) be responsible for the quality and conformance with contract provisions of all work, and (3) maintain responsibility for the actions of subcontractors and suppliers at the job site. The Contractor is solely responsible, at all times, for the superintendence of the work and for its safety and progress. D. Whenever the Contractor or its authorized representative is not present on any particular part of the work where it may be desired to give direction, such direction will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. E. Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing. F. The Contractor shall place on record at the District, and keep current, the name of the Contractor's representative and the phone number at which he can be contacted at such times that he is not at the work site (such as after working hours and on holidays and weekends) to respond to District requests to correct safety and other problems that may arise in connection with the work. 2.07 CHARACTER OF WORKERS A. If any Subcontractor, or person employed by the Contractor or any Subcontractor shall fail or refuse to carry out the directions of the District or its agents or shall appear to the District or its agents to be incompetent or to act in a disorderly, unsafe, or improper manner, that person shall be removed from the project work immediately on the request of the District or its agents, and such person shall not again be employed on the work. Such discharge shall not be the basis for any claim for compensation or damages against the District, or any of its officers or agents. 2.08 SAFETY A. The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation, and in work involving confined spaces. B. The Contractor shall provide its personnel with additional training to address the following: 5/13/2021 SECTION 01 31 00 KELLER-HEAVENLY WATER SYSTEM PROJECT MANAGEMENT AND COORDINATION IMPROVEMENTS PROJECT, PHASE 2 4 C. Contractor shall be required to comply with the District’s Lockout/Tagout program and procedures. A copy of the program will be provided to the Contractor prior to the start of work. D. Refer to Section 01 33 00, Submittals Process, for submittals requirements pertaining to project safety. PART 3 PROJECT MEETINGS 3.01 PRECONSTRUCTION CONFERENCE A. Upon receipt of the Notice to Proceed, or at an earlier time if mutually agreeable, the Engineer will arrange a pre-construction conference to be attended by the Contractor's superintendent, the District, the Engineer, or his representative, and representatives of utilities, major subcontractors, and others involved in the execution of the Work. B. The purpose of this conference shall be to establish a working understanding between the parties and to discuss the Construction Schedule prepared in accordance with Section 01 32 00, Part 2.01, shop drawing submittals preparation and processing in accordance with Section 01 33 00, Part 2.02, cost breakdown of major lump sum items, applications for payments and their processing, and such other subjects as may be pertinent for the execution of the Work. 3.02 PROGRESS MEETINGS A. The Contractor shall arrange and conduct progress meetings. These meetings shall be conducted at least once every two (2) weeks and shall be attended by the Contractor's superintendent and representatives of all subcontractors, utilities, and others, that are active in the execution of the Work. The purpose of these meetings shall be to expedite the work of any subcontractor or other organization that is behind schedule, resolve conflicts, and in general coordinate and expedite the execution of the Work. B. The agenda of progress meetings shall include review of progress and schedule, review of payment requests at monthly intervals, review of narrative report, review of the latest Construction Schedule update, and review of the record documents if necessary. END OF SECTION 5/13/2021 SECTION 01 32 00 KELLER-HEAVENLY WATER SYSTEM CONSTRUCTION PROGRESS DOCUMENTATION IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for scheduling, recording and reporting progress. PART 2 SCHEDULING 2.01 PROGRESS SCHEDULE A. The Contractor shall submit within ten (10) days after execution of the Contract a schedule or schedules which shall show the dates at which the Contractor will start and complete several parts. This schedule shall conform to the completion time specified in the Contract. B. The Contractor shall review and, if necessary, revise the progress schedule at least once a month and in any event shall submit a current schedule to the Engineer at his request at any time during the contract period. 2.02 SCHEDULE REVIEW A. The Work and the Construction Schedule shall be reviewed to verify that: 1. Start and finish dates of activities fall within the Contract Time. 2. Durations and progress of all activities are reasonable. B. Items that shall be included (but not limited to) in the schedule: 1. All critical material delivery dates; 2. All critical shop drawings submittal dates; 3. Any requested system shut-downs, in accordance with the requirements of Section 01 73 00, Execution, Part 2.02; 4. Any requested exceptions from the work restrictions defined in Section 01 10 00, General Project Requirements; and 5. Beginning and end of tank construction activities, including disinfection and testing. 6. Compliance with the work sequence and constraints set forth in Section 01 73 00, Execution, Part 2.06. C. The CONTRACTOR, in his submitted construction schedule, shall specifically address the requirement to have all work completed by the project completion deadline enforced by TRPA. The submitted schedule will be rejected if it does not establish how the CONTRACTOR proposes to meet this condition. A schedule submitted by the CONTRACTOR and 5/13/2021 SECTION 01 32 00 KELLER-HEAVENLY WATER SYSTEM CONSTRUCTION PROGRESS DOCUMENTATION IMPROVEMENTS PROJECT, PHASE 2 2 accepted by the District that calls for the completion of the project before the stipulated project completion deadline, does not change the Contract Time as listed in Part 2.04 of Section 00 72 00. No compensation will be allowed for required schedule extensions that do not cause the Contract Time as originally stated to change. D. All other scheduling aspects of the installation project shall be addressed by the CONTRACTOR, especially those aspects considered by the CONTRACTOR and/or the OWNER to be critical to the completion of the project within the stipulated Contract Time as identified in Section 00 72 00, General Conditions, Part 2.04. E. Inclement Weather: In conformance with regulatory requirements and safe working practices, the District has recognized that adverse weather conditions may affect the Contractor’s ability to proceed with certain portions of the Work on a given day if, for example, the site is wet or snow covered, or winds are high. The Contract Time established in the contract documents takes into consideration adverse weather conditions, including but not limited to precipitation, wind, and thunderstorms, within the average climatic range. The Contractor’s schedule shall allow enough time for these inclement weather events, and shall reflect the following number of weather delay days per month for activities that are potentially impacted by adverse weather conditions: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4 4 4 4 3 2 2 2 2 3 4 4 The District does not consider cold temperatures (below 40 degrees Fahrenheit) to be an inclement weather event, and cautions the Contractor that cold weather may occur at any time of year. It is the responsibility of the Contractor to account for extended periods of cold weather in the project schedule, and to implement controls to allow work to continue during periods of cold at no additional cost to the District. The District will not consider claims for additional cost due to delays caused by cold, because of a failure by the Contractor to implement necessary controls. F. The receipt or approval of any schedules by the District shall not in any way relieve the Contractor of its obligations under the Contract. 2.03 REVISIONS TO CONSTRUCTION SCHEDULE A. The Contractor shall submit a revised Construction Schedule within five (5) days of the occurrence of any of the following: 1. When delay in completion of any activity or group of activities indicates an overrun of the Contract time or control point requirement, by thirty (30) working days or ten percent (10 percent) of the remaining duration, whichever is less. 5/13/2021 SECTION 01 32 00 KELLER-HEAVENLY WATER SYSTEM CONSTRUCTION PROGRESS DOCUMENTATION IMPROVEMENTS PROJECT, PHASE 2 3 2. Delays in submittals, deliveries, or work stoppages are encountered which make replanning or rescheduling of the work necessary. 3. The Schedule does not represent the actual prosecution and progress of the project as being performed in the field. B. Acceptance of the revised Construction Schedule and all supporting data is contingent upon compliance with other related requirements in the Contract Documents and any other prior agreements or requirements with or by the Engineer. C. The cost of revisions to the Construction Schedule resulting from Contract changes will be included in the cost for the change in the Work, and will be based on the complexity of the revision or Change Order, hours expended in analyzing the change, and the total cost of the change. D. The cost of revision to the Construction Schedule not resulting from authorized changes in the Work shall be the responsibility of the Contractor. END OF SECTION 5/13/2021 SECTION 01 32 00 KELLER-HEAVENLY WATER SYSTEM CONSTRUCTION PROGRESS DOCUMENTATION IMPROVEMENTS PROJECT, PHASE 2 4 THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 32 20 WEB-BASED CONSTRUCTION DOCUMENT MANAGEMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures and requirements for managing construction documentation and submittals for the Work. 2. Responsibilities of the Contractor and the District for the management of construction documentation and submittals. B. The Owner and Contractor shall utilize Bentley Systems, Incorporated’s EADOC system for electronic submittal of all data and documents (unless specified otherwise by the owners representative)throughout the duration of the Contract. 1. EADOC is a web-based electronic media service hosted by Bentley Systems, Incorporated, utilizing their EADOC web solution. 2. EADOC will be paid for by the District, and the District will maintain the Service Agreement with EADOC. 3. EADOC will be made available to the Contractor, their personnel, subcontractor personnel, suppliers, and consultants. 4. The joint use of this system is to facilitate electronic exchange of information, automation of key processes, and overall management of Contract Documentation. 5. EADOC shall be the primary means of project information submission and management for the project. 1.02 DEFINITIONS A. “Copy” or “Copies” shall refer to electronic copies unless a hard copy is specified. Where a hard copy is specified, both electronic and paper versions shall be submitted. 1.03 USER ACCESS LIMITATIONS A. The Engineer will control the Contractor’s access to EADOC by allowing access and assigning user profiles to accept Contractor personnel. B. User profiles will define levels of access into the system and determine assigned function-based authorizations and user privileges. C. Subcontractors and suppliers will be given access to EADOC by and through the Contractor. Entry of information exchanged and transferred on EADOC between the Contractor and its subcontractors, suppliers and consultants shall be the responsibility of the Contractor. 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 2 1.04 JOINT OWNERSHIP OF DATA A. Data entered in a collaborative mode (ie., entered with the intent to share as determined by permissions and workflows within the EADOC system) by the District and the Contractor shall be jointly owned. 1.05 AUTOMATED SYSTEM NOTIFICATION AND AUDIT LOG TRACKING A. Review comments made (or lack thereof) by the District on Contractor- submitted documentation shall not be interpreted as changes to the Contract nor shall they relieve the Contractor from compliance with the Contract Documents. B. As discussed elsewhere in these Contract Documents, the Contractor is responsible for managing, tracking and documenting the Work to comply with the requirements of the Contract Documents. C. The District’s acceptance via automated system notifications or audit logs extends only to the face value of the submitted documentation, and does not constitute validation of the Contractor’s submitted documentation. D. In compliance with Public Contract Code §1601, EADOC provides both (1) automatic transmission of receipts confirming that documents submitted by Contractor have been received by the District, and (2) an electronic online record of the history of transmission and receipt of each document submitted by the Contractor. 1.06 SUBMITTALS A. See Section 01 33 00 for submittal requirements. B. Preconstruction submittals: 1. Contractor shall provide a list of personnel responsible for EADOC administration within one week following the Notice to Proceed. 2. The list shall include key personnel’s roles and responsibilities, including email addresses. Contractor should also identify the corporations’ system administrator on the list. 1.07 COMPUTER SYSTEM REQUIREMENTS A. The Contractor shall use computer hardware and software that meets the requirements of the EADOC system, as recommended by Bentley Systems, Incorporated, to access and utilize EADOC. As recommendations are modified by EADOC, the Contractor shall upgrade their system(s) to meet or exceed the recommendations. The cost to procure or upgrade the Contractor’s computer systems to meet EADOC requirements shall be the responsibility of the Contractor, and will not be considered a justifiable basis for cost or time modification to the Contract. B. The Contractor shall be responsible for providing connectivity to the EADOC system through DSL, cable, T-1 or wireless communication systems at no 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 3 additional cost to the District. If connectivity is to be established at the Site, the means of connection shall be acceptable to the District. The minimum bandwidth requirement for using the system is 128 kb/s. It is recommended that a faster connection be used when uploading pictures and files into the system. C. EADOC supports the current and prior two major versions of Chrome, Firefox, Internet Explorer and Safari on a rolling basis. Each time a new version of one of these browser’s is released, EADOC will be begin supporting the update and stop supporting the fourth-oldest versions. D. The Contractor shall use Adobe Acrobat Standard Version 8 or newer. 1.08 CONTRACTOR RESPONSIBILITY A. The Contractor shall be responsible for the validity of their information placed in EADOC and for the abilities of their personnel. B. Accepted users shall be knowledgeable in the use of computers, including internet browsers, email programs, cad drawing applications, and Adobe Portable Document Format (pdf) document distribution program. C. The Contractor shall utilize the existing forms in EADOC to the maximum extent possible. If a required form does not exist in EADOC, the Contractor must include a form of their own or provided by the District as an attachment to a submittal. D. Adobe PDF documents will be created through electronic conversion rather than optically scanned, whenever possible. If optically scanned, the document shall be converted through an OCR (Optical Character Reader) so that all documents are searchable. The Contractor is responsible for the training of their personnel in the use of EADOC (outside what is provided by the District) and the other programs indicated above, as needed. Lack of training will not be considered a justifiable basis for cost or time modification to the Contract. E. User Access Administration 1. As required in Part 1.06, above, the Contractor shall provide a list of key project personnel for the District’s review and acceptance. 2. The Contractor is responsible for adding and removing users from the system, as appropriate. The Contractor will be given permission to add personnel to EADOC. 3. The District reserves the right to perform a security check on all potential users. 1.09 CONNECTIVITY PROBLEMS A. EADOC is a web-based environment and, therefore, subject to the inherent speed and connectivity problems of the internet. The Contractor is responsible for its own connectivity to the internet. EADOC response time is dependent on the Contractor’s equipment, including processor speed, 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 4 internet access speed, etc., and current traffic on the internet. The District will not be liable for any delays associated from the usage of EADOC including, but not limited: slow response time, down time periods, connectivity problems, or loss of information. The Contractor will ensure that they maintain connectivity to the EADOC system (whether at the home office or project site). Under no circumstances shall the usage of EADOC be grounds for a time extension or cost adjustment to the Contract. 1.10 TRAINING A. The District will provide training consisting of a web-based seminar in conjunction with a conference call. The training seminar is about 3 hours. B. Contractor shall arrange and pay for the facilities and hardware/software required to facilitate his own training above and beyond that listed in Part 1.10.A, above. PART 2 PRODUCTS 2.01 DESCRIPTION A. EADOC project management application (no equal) provided by Bentley Systems, Incorporated at: https://www.bentley.com/en/products/product-line/construction- software/projectwise-construction-management. PART 3 EXECUTION 3.01 EADOC UTILIZATION A. EADOC shall be utilized in connection with all document and information management required by these Contract Documents. Documents and information to be submitted electronically include, but are not limited to, the documents described in Part 3.02 below. B. In the event of a discrepancy between the electronic version and paper documents, the paper documents will govern. 3.02 SUBMITTALS A. Shop Drawings 1. Shop drawing and design data documents shall be submitted as PDF attachments to the EADOC submittal work flow process and form. Examples of shop drawings include, but are not limited to: a. All shop drawings identified in Section 01 33 00, Part 2.03. b. Standard manufacturer installation drawings. c. Drawings prepared to illustrate portions of the work designed or developed by the Contractor. 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 5 d. Steel fabrication, piece, and erection drawings. e. Electrical interconnection drawings. B. Product Data 1. Product data shall be submitted as PDF attachment to the EADOC submittal workflow process and form. Examples of product data include, but are not limited to: a. All product data identified in Section 01 33 00, Part 2.03. b. Manufacturer’s printed literature. c. Preprinted product specification data and installation instructions. d. Made in America Certification, if required by Contract. C. Samples 1. Sample submittals shall be physically submitted as specified in Section 01 33 00, Part 2.04. Contractor shall enter submittal data information into EADOC with a copy of the submittal form(s) attached to the sample. Examples of samples include, but are not limited to: a. Product finishes and color selection samples. b. Product finishes and color verification samples. c. Finish/color boards. d. Physical samples of materials, including soil samples. D. Administrative Submittals 1. All correspondence and pre-construction submittals shall be submitted using EADOC. Examples of administrative submittals include, but are not limited to: a. Permits b. Lists of project personnel and contact information c. Project schedule and progress schedules, as required in Section 01 32 00 and Part 3.02.D.2, below. d. Requests for Information (RFI) e. Shut-down Requests and Demolition Requests f. Evidence of qualifications 2. Network Analysis Schedules and associated reports and updates. Each schedule submittal specified in these Contract Documents shall be submitted as a native backed-up file of the scheduling program being used. The schedule shall also be posted as a PDF file. 3. Plans for safety, demolition, environmental protection, and similar activities, as identified in Section 01 33 00, Part 2.06, and elsewhere in these Contract Documents. 4. Any general correspondence submitted. E. Compliance Submittals 1. Test reports, certificates and manufacturer field report submittals shall be submitted on EADOC as PDF attachments. Examples of compliance submittals include, but are not limited to: a. Certificates of Compliance, as identified in Section 01 33 00, Part 2.05 b. Field test reports c. Quality control certifications 5/13/2021 SECTION 01 32 20 KELLER-HEAVENLY WATER SYSTEM WEB-BASED CONSTRUCTION DOCUMENT MGMT IMPROVEMENTS PROJECT, PHASE 2 6 d. Manufacturers documentation and certifications for quality of products and materials provided F. Record and Closeout Submittals 1. Operations and maintenance data closeout submittals shall be submitted on EADOC as PDF documents during the approval and review stage as specified, with hard copy sets of documents submitted for final. Examples of record submittals include, but are not limited to: a. Preventive Maintenance Forms b. O&M Manuals, as identified in Section 01 33 00, Part 2.07 c. Extra materials, Spare Stock, etc.: Submittal forms shall indicate when actual materials are submitted. 2. Other Closeout submittals a. Contractor red-line markups (in both pdf and editable form). b. Contractor photographs. c. Survey data (in both pdf and editable form). G. Financial Submittals 1. Schedule of Costs, Pay Estimates, Daily Extra Work Report, and Change Order Requests shall be submitted on EADOC. Supporting material for Pay Estimates and Change Order Requests shall be submitted on EADOC as PDF attachments. Examples of compliance submittals include but are not limited to: a. Schedule of Values b. Progress Payment Requests c. Daily Work Reports d. Change Order Requests e. Supporting documentation for Change Order Requests. END OF SECTION 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 33 00 SUBMITTALS PROCESS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for processing of submittals during the construction stage. 2. The requirements of this Section are in addition to the requirements for individual materials and equipment stated elsewhere in these Contract Documents. PART 2 SUBMITTAL PROCEDURES 2.01 GENERAL INSTRUCTIONS FOR SUBMITTALS A. The Contractor shall submit to the Engineer such schedules, reports, drawings, lists, literature samples, instructions, directions, and guarantees as are specified or reasonably required for construction, operation, and maintenance of the Work in ample time for each to serve its purpose and function. All submittals shall be provided to the District within the time necessary to allow District review, to allow resubmittal and second review, if necessary, and to avoid delays in the work. B. Further, the Contractor must submit to the District for approval, any land use agreements between the Contractor and private property owners that affect the project. C. Each type of product shall have a separate submittal. For example, waterline pipe, sewer pipe, valves, aggregate base, and manholes will each require a submittal. D. Each submittal shall have a transmittal form. A sample transmittal form is included at the end of this Document. Every page in a submittal shall be numbered in sequence. Each copy of a submittal shall be collated and stapled or bound, as appropriate. Copies not collated will be rejected. E. Where product data from a manufacturer is submitted, clearly mark which model is proposed, with all pertinent data, capacities, clearances, diagrams, controls, connections, anchorage, and supports. Present a sufficient level of detail for assessment of compliance with contract documents. F. Each submittal shall be assigned a unique number. Submittals shall be numbered sequentially. The submittal numbers shall be clearly noted on the transmittal. Original submittals shall be assigned a numeric submittal number. Resubmittals shall bear an alphanumeric system which consists of the number assigned to the original submittal for that item followed by a letter of the alphabet to represent that it 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 2 is a subsequent of the original. For example, if Submittal 25 requires a resubmittal, the first resubmittal will bear the designation “25-A”, the second resubmittal will bear the designation “25-B”, and so on. G. Resubmittals of submittals will be reviewed and returned in the same review period as for the original submittal. It is considered reasonable that the Contractor shall make a complete and acceptable submittal by the second submission of a submittal item. The District reserves the right to withhold monies due to the Contractor to cover additional costs of any review beyond the second submittal. H. The drawings, lists, prints, specifications, samples, and other data required as project submittals and described herein shall become a part of the Contract Documents, and a copy of the same shall be kept with the job site Contract Documents, and the fabrications furnished shall be in conformance with the same. However, the Engineer's review of the above drawings, lists, prints, specifications, samples, or other data shall in no way release the Contractor from its responsibility for the proper completion of the requirements of this Contract nor for fulfilling the purpose of the installation nor from Contractor’s liability to replace the same, should it prove defective or fail to meet the specified requirements. 2.02 CRITICAL EQUIPMENT SUBMITTALS A. The Contractor shall make shop drawing submittals to the Engineer in a timely manner for the Work to be completed within the specified Contract time. No contract extensions will be granted based solely on submittal review time. B. Critical equipment requiring early submittal for completion of the project include (but are not limited to): 1. Structural submittals for tank and aluminum dome roof design, including, but not limited to, seismic, wind, and snow load, and venting requirements. 2. Tank body and aluminum dome coating samples for color selection. 3. Factory applied tank and roof coatings. 4. Shop drawings for tank and roof. 5. Shop drawings for tank appurtenances, including access ladders, landings, communication masts, hatches, and overflow assembly. 6. Piping, duckbill valves, piping, and stainless steel materials requiring long lead times. 7. Tank anchor design and calculations. 8. Complete cathodic protection system, including anchoring assembly, anodes, and tank coating repair method. C. Requests for substitution of critical equipment shall be made within 14 days after the Contract is signed. 2.03 SHOP DRAWINGS A. The Plans & Specifications shall be supplemented by such shop drawings prepared by the Contractor as are necessary to adequately control the work. Shop Drawings, layout diagrams, catalog data, test reports and information in sufficient detail to show complete compliance with all specified requirements shall be furnished to the 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 3 Engineer covering, without limitation, the items included in the Materials and Equipment List. B. The Contractor, at its own expense, shall make such changes in the required drawings as may be necessary to conform to the Contract Documents. After completion of such review, verification, and revising, the Contractor shall stamp and sign the drawings indicating his approval and submit the Shop Drawings and pertinent data to the Engineer for review. C. In addition, if the Contractor submits shop drawings of equipment by manufacturers other than those listed in the specifications, provide the following information with the submittal: 1. The name and address of at least three companies or agencies that are currently using the equipment. 2. The name and telephone number of at least one person at each of the above companies or agencies whom the Engineer may contact. 3. A description of the equipment that was installed at the above locations. The description shall be in sufficient detail to allow the Engineer to compare it with the equipment that is proposed to be installed with this project. D. Prior to the Engineer's review of such drawings, any work which the Contractor may perform on the fabrications covered by the drawings shall be at Contractor’s own risk and the District will not be responsible for any expenses or delays incurred by the Contractor for changes to make the drawings conform to the Contract Documents. E. Unless otherwise indicated elsewhere in these Contract Documents, Shop drawings and data shall be submitted to the Engineer with sufficient number as will allow the Engineer to retain four (4) copies of each submittal. The submittal shall clearly indicate the specific area of the Contract Documents for which the submittal is made. Any additional copies received by the Engineer will be returned to the Contractor's representative at the job site. The Engineer's notations of the actions taken will be noted on the returned copies F. Unless otherwise stated, the ENGINEER shall have fourteen (14) days from the date of receipt of shop drawings for review. No changes shall be made by the CONTRACTOR in any shop drawings after they have been reviewed and accepted by the ENGINEER. H. CONTRACTOR agrees that shop drawings processed by the ENGINEER are not Contract Change Orders; that the purpose of shop drawings submitted by the CONTRACTOR is to demonstrate to the ENGINEER that the CONTRACTOR understands the design concept, that he demonstrates his understanding by indicating which equipment and material he intends to furnish and by detailing the fabrication methods he intends to use. It is expressly understood, however, that favorable review of the CONTRACTOR's shop drawings shall not relieve the CONTRACTOR of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the CONTRACTOR shall be responsible for agreement and conformity of his shop drawings with the Specifications. CONTRACTOR further agrees that if deviations, discrepancies, or conflicts between shop drawings and Specifications are 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 4 discovered either prior to or after shop drawings are processed by the ENGINEER, the Specifications shall control and shall be followed. I. Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor. Any cost related to the ENGINEER's review of any particular set of shop drawings more than twice, due to incompleteness or unacceptability, shall be borne by the CONTRACTOR, and the DISTRICT reserves the right to withhold such costs from payments due the CONTRACTOR. 2.04 SAMPLES A. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or supplier in sufficient quantities or amounts for testing or examination, without additional charge. B. No material shall be used until the Engineer has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the job site, such as concrete test cylinders, shall be taken or prepared by the Engineer in the presence and with the assistance of the Contractor. C. Testing of samples shall be in conformance with the requirements of Part 2.04 of Section 01 43 00, Quality Assurance. 2.05 CERTIFICATE OF COMPLIANCE A. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Contract Documents require that such a certificate be furnished. In addition, when so authorized in the Contract Documents, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the Certificate. The Certificate of Compliance shall be in a form approved and prepared by the District. B. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection, whether in place or not. In the event of rejection, the Contractor shall remove the rejected materials, at its cost, and replace them with conforming materials. C. The District reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 5 D. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 2.06 SAFETY SUBMITTALS A. Shoring and Trench Safety Plan - Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall conduct its operations and act in such a manner in order to ensure compliance with this law. In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the District specific plans to show details of provisions for worker protection from caving ground. The Contractor shall furnish to the Engineer working drawings of the Contractor’s trench safety plan, which must be accepted not less than fifteen (15) days before beginning excavation for any trench or trenches five (5) feet or more in depth required under this Contract. The trench safety plan working drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Occupational Safety and Health Administration or the Federal safety standards of the Department of Health, Education and Welfare, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by him or his Subcontractors. B. In accordance with General Industry Safety Orders, Article 108 (Title 8, California Code of Regulations, Section 5156 et seq.), the Contractor shall submit to the District their program plan for controlling, and, where appropriate, for protecting employees from, confined space hazards and for regulating employee entry into confined spaces. 2.07 OPERATIONS AND MAINTENANCE MANUALS A. Submit electronic copies of completed Preventive Maintenance and Operating Requirement form only, summarizing the manufacturer’s maintenance instructions and recommendations for the following equipment/materials supplied for the project: 1. Cathodic protection system 2. Duckbill (Tideflex of approved equal) Valves A blank data sheet and a sample data sheet are attached to this Section. B. Submit four paper copies and one electronic copy of all manufacturer’s operation and maintenance (O&M) manuals and data for the following equipment: 1. Cathodic protection system 2. Duckbill Check valves Prepare and organize the material in three-ring binders with divider tabs and labels. Include a table of contents. C. O&M manuals shall include: 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 6 1. A list of equipment furnished for Project with name, address, and telephone numbers of equipment furnished; 2. A list of serial numbers of equipment furnished; 3. A copy of shop drawings for mechanical, electrical, and instrument equipment in final form; 4. Complete operating and maintenance instructions for each and every item of equipment, setting forth in detail and step-by-step the procedure for starting, stopping, operating, and maintaining the system as installed; 5. Any test reports required by the Specifications; 6. A schedule of recommended maintenance intervals; 7. Complete parts list of replaceable parts, their part numbers, and the name and address of their nearest vendor. 8. Tabulation of motor nameplate horsepower, nameplate current, field-measured current, overload relay setting, and catalog number for polyphase motors, if applicable. 9. A list of fuses, lamps, seals, and other expendable equipment and devices, if applicable. Specify size, type and ordering description. List name, address, e- mail address, fax number and telephone number of vendor. 10. With each O&M submittal, the Contractor shall also submit a completed Preventive Maintenance and Operating Requirement sheet, summarizing the manufacturer’s maintenance instructions and recommendations. A blank data sheet and a sample data sheet are attached to this Section. D. O&M Manuals specified herein are in addition to any operation, maintenance or installation instructions required by the Contractor to install, test and start up equipment. 2.08 PROJECT REDLINES A. Periodically during the project, the Contractor shall submit to the District for review and comment, a copy of the Contract Documents, or relevant portions thereof, marked to identify all changes made during construction, as directed in Section 013100, Part 2.02. The Contract Documents shall be marked to show in explicit detail all modifications and changes to the Contract requirements. It will not be sufficient for the Contractor to simply reference a separate written document; the details of the change must be shown on the working set of the Contract Documents. The Contractor shall submit these documents in the manner directed in Part 2.03 of this Section. B. The District may require the Contractor to submit redlines for review within five (5) business days when any of the following occur: 1. At the completion of a particular phase of work; 2. At the completion of a particular discipline of work; 3. At the completion of a particular structure; and 4. Any time it is requested by the Engineer. Project-specific requirements for timing of redline submittals will be established at the pre-construction meeting. C. At the completion of the Project the redlines, with review comments provided by the District, shall be submitted as the Contract Record Documents in accordance with Section 017700, Part 2.06 within fifteen (15) days of completion of the Work. 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 7 CONTRACTOR'S SHOP DRAWING TRANSMITTAL FORM NOTE: Please submit a SEPARATE Contractor Submittal No. _______________ submittal for each specific item. Date: ________________________________ From: To: Attn: Project Name: Check One This is: original submittal BBB a second submittal BBB a submittal BBB Number of Copies Submitted ______ Owner: South Tahoe Public Utility District Subject of Submittal: Equipment Designation: Spec. Section: Complete either (a) or (b) following: Check One (a) We have verified that the material or equipment contained in this submittal meets all the requirements specified or shown (no exceptions) ___ (b) We have verified that the material or equipment contained in this submittal meets all the requirements specified or shown, except for the following deviations (list deviations): ___ ______________________________ Contractor's Authorized Signature 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 8 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 9 Preventive Maintenance and Operating Requirement Sheets Preventive Maintenance Program Equipment Record Number EQUIPMENT DESCRIPTION ELECTRICAL OR MECHANICAL DATA Name: Tag No: Size: Serial No.: Model: Vendor: Vendor Address: Type: Mfr.: Vendor Rep: Voltage: Amps: Phone: Phase: rpm: Warranty Period: Install Date: Asset Life Expectancy: Initial Meter Reading: 1. Units: 2. Units: Other equip. info: Maintenance Work to be Done Frequency* *D - Daily; W - Weekly; B - Biweekly; M - Monthly; Q - Quarterly; S - Semiannually; A - Annually. 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 10 Preventive Maintenance and Operating Requirement Sheets OPERATING REQUIREMENTS AND REFERENCE PARTS LIST Description Replaceable? PERFORMANCE CRITERIA* * including, but not limited to vibration tolerances, alignment limits, and heat generation limits 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 11 SAMPLE Preventive Maintenance and Operating Requirement Sheets Preventive Maintenance Program Equipment Record Number EQUIPMENT DESCRIPTION ELECTRICAL OR MECHANICAL DATA Name: Influent Pump No. 1 Tag No.: P01 Size: 15 hp Serial No.: 123456ABC Model: 140T Frame Serial No. 987654ZY Class F Insulation W/Space Heater Vendor: ABC Pump Co. Vendor Address: 1111 Pump Circle Newport Beach, CA 92663 Type: Mfr.: DEF Motors, Inc. Vendor Rep: XYZ Equipment, Inc. Voltage: 460 Amps: 20 Phone: 714/752-0505 Phase: 3 rpm: 1,800 Warranty Period: 2 years Install Date: 8/15/17 Asset Life Expectancy: 20 years Initial Meter Reading: 1. 12.3 Units: Hours 2. Units: Other equip. info: Maintenance Work to be Done Frequency* 1. Operate all valves and check such things as a) bearing temperature, b) changes in running sound, c) suction and discharge gauge readings, d) pump discharge rate, and e) general condition of the drive equipment. 2. Check packing. 3. Checking pumping unit for any dust, dirt, or debris. 4. Lubricate bearing frame and motor bearings (consult manufacturer's instructions for type of grease or oil). 5. Disassemble and change or repair the following: a) impeller, b) shafts, c) shaft sleeve, d) rotary seals, and e) sleeve bearings. D D W Q A *D - Daily; W - Weekly; B - Biweekly; M - Monthly; Q - Quarterly; S - Semiannually; A - Annually. 5/13/2021 SECTION 01 33 00 KELLER-HEAVENLY WATER SYSTEM SUBMITTALS PROCESS IMPROVEMENTS PROJECT, PHASE 2 12 Preventive Maintenance and Operating Requirement Sheets OPERATING REQUIREMENTS AND REFERENCE For manufacturer's instructions regarding installation, operation, maintenance, and trouble shooting of this equipment, see Volume ____, Section ______. PARTS LIST Description Replaceable? Impellor type, diameter and part number Coupling size, style, and part number Motor type, and part number Bearing numbers Filter Shaft sizes – pump and motor Seal size and composition Pump housing numbers Pump control valve, manufacturer and size Y Y Y Y Y Y Y Y Y PERFORMANCE CRITERIA* * including, but not limited to vibration tolerances, alignment limits, and heat generation limits END OF SECTION 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 1 SECTION 01 35 00 SPECIAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for special project situations. PART 2 SPECIAL PROCEDURES 2.01 EMERGENCY WORK A. In an emergency affecting the safety of life, or of the work, or of adjoining property, the Contractor, without special instruction or authorization from the Engineer, is required to act at its discretion to prevent such threatened loss or injury. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified under Part 2.11 of Section 00 72 00, General Conditions. B. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified under Part 2.11 of Section 00 72 00, General Conditions. 2.02 ARCHAEOLOGICAL ARTIFACTS A. If the Contractor encounter items of suspected archaeological significance are during excavation, the Contractor shall immediately stop excavation and inform the Engineer. The Contractor can resume excavation upon approval of the Engineer after consultation with the District’s consulting archaeologist. 2.03 SUSPENSION OF WORK A. The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the work for such period of time as may be necessary to prevent improper execution of the work on the project by the Contractor, its Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension. B. The District may at any time suspend any part or all of the work upon ten (10) days written notice to the Contractor, who shall immediately discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. In the event a part of the work is suspended, the Contractor, if the suspension is not through his 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 2 fault or the fault of its Subcontractors or agents, shall be paid on the same basis as Extra Work for costs of work performed in accordance with such orders of the Engineer during such suspension, provided that this shall not include any cost pertaining to work not suspended by said notice. Work shall be resumed by the Contractor after such suspension on written notice from the District. In the event of suspension of the entire work by the District, the Contractor, if the suspension is not through fault of the Contractor or the fault of his Subcontractors or agents, shall be paid the sum of $500.00 for each calendar day during which the entire work shall have been suspended. This amount is fixed as liquidated damages in full settlement of all costs and expenses, losses, and damages resulting to the Contractor from such suspension. The parties expressly agree that it is impractical to determine the actual amount of damage to Contractor by reason of such delay and that this liquidated damages clause is reasonable under the circumstances existing at the time the Contract was made. Work shall be resumed by the Contractor after such suspension on written notice from the District. C. In the event of any suspension of the work in whole or in part B above, the Contractor shall be entitled to an extension of time to complete the work to the extent of the delay caused to the Contractor. D. In the event the entire work shall be suspended by order of the District, as provided above, and remains suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the work shall not have been served on the Contractor, the Contractor may, at its option, by written notice to the District, terminate the Contract in the same manner as if the termination had been initiated by the District, and the District shall have no claim for damages because of such termination of the Contract. E. In the event the District or the Engineer receives or obtains notice of any termination, suspension, voiding, cancellation, or lack of existence of, or of any material reduction of coverage in, any policy of insurance required to be maintained by the Contractor or any subcontractor, the District or the Engineer, without any prior notice and without prejudice to any other remedy of the District, may immediately suspend work under the contract and order the Contractor and/or subcontractor(s) off the work site immediately, until the required insurance is reinstated or obtained. In the event of suspension under this paragraph, Contractor shall not be responsible for payment of liquidated damages established under Subpart B (above). 2.04 TERMINATION FOR DEFAULT - DAMAGES FOR DELAY - TIMELY EXTENSION A. The District may, without prejudice to any other right or remedy, service written notice upon Contractor of its intention to terminate this Contract if the Contractor: (1) refuses or fails to diligently prosecute the work as defined in Subpart B (below), (2) fails to complete the Work within the required times defined in Section 00 72 00, (3) files a bankruptcy petition or is adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed, or (vi) violates any requirements of law or the Contract Documents. 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 3 B. The Contractor shall at all times employ such force, labor plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the work at not less than the rate provided in the progress schedule and to complete the work within the time limits fixed by the Contract. C. The District may, after giving ten (10) days written notice to the Contractor, terminate its right to proceed with the work or such part of the work as to which there has been delay. The notice of intent to terminate shall contain the reasons for such intention to terminate. D. The Contractor's right to proceed shall not be so terminated nor the Contractor charged with resulting damage if: 1. The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to Acts of God, acts of the public enemy, acts of the District, acts of another contractor in the performance of a Contract with the District, fires, floods, excluding site flooding due to groundwater, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes, unusually severe weather, or delays of subcontractors and suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or such subcontractors and suppliers; and 2. The Contractor, within ten (10) days from the beginning of any such delay (unless the Engineer grants further period of time before the date of final payment under the Contract), notifies the Engineer in writing of the causes of delay and requests an extension of time. E. The Engineer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in the Engineer’s judgment, the findings of fact justify such an extension, and the findings of fact shall be final and conclusive on the parties. F. A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the District for additional compensation or damages unless caused by the District or another contractor employed by the District. G. If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the benefit of creditors, or if a receiver should be appointed for the Contractor on account of insolvency and not be discharged within ten (10) days after his appointment, or if the Contractor fails to make prompt payments to subcontractors or suppliers, or should he persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise commit a material breach of any provisions of the Contract, the District may, after giving ten (10) days written notice to the Contractor, terminate the Contract and the Contractor's right to proceed with the work. H. The rights and remedies of the District provided in this section are in addition to any of the rights and remedies provided by law or under this Contract. 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 4 I. In addition to the District's rights under this section, if at any time before completion of the work under the Contract, it shall be determined by the District that reasons beyond the control of the parties render it impossible or against the interests of the District to complete the work, or if the work shall be stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the District may, upon ten (10) days written notice to the Contractor, discontinue the work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the work in such manner, sequence, and at such times as the Engineer may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the work thus dispensed with, nor any other claim except for the work actually performed up to the time of discontinuance, including the cost of materials and equipment on hand, in transit, or on definite commitment and any extra work ordered by the Engineer to be done, nor for any claim for liquidated damages in accordance with the provisions of Part 2.03. The value of the work performed and the cost of materials and equipment delivered to the site will be determined by the Engineer in accordance with the procedure prescribed for the making of the final application for payment. The Contractor shall assign to the District, as directed by the Engineer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the District shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. As directed by the Engineer, the Contractor shall transfer title and deliver to the District: 1. the fabricated or unfabricated parts, work-in-progress, completed work, supplies, and other materials produced or acquired for the work terminated; and 2. the completed or partially completed plans, drawings, information, and other property that, if the Contract had been completed, would be required to be furnished to the District. 2.05 RIGHTS OF DISTRICT UPON TERMINATION A. In the event the right of the Contractor to proceed with the work, or any portion thereof, has been terminated because of the fault of the Contractor and the Contractor has been given ten (10) days notice to cure such fault and has not done so, the District may issue a notice of termination to the Contractor and the Contractor’s surety. B. Upon termination the Contractor shall not be entitled to receive any further payment until the work is finished. If upon completion of the work the total cost to the District, including engineering, legal, and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the District on account of termination of the Contract and subsequent completion of the work by the District by whatever method the District may deem expedient shall exceed said amount which the Contractor 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 5 would otherwise have been paid, the Contractor and his sureties shall be liable to the District for the full amount of such excess expense. C. Upon termination, if the District takes over the Work, the District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be left on the Project site. D. The rights and remedies of the District provided in this Section are in addition to any of the rights and remedies provided by law or under this Contract. 2.06 FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON; LIQUIDATED DAMAGES A. Liquidated Damages -In case all the work is not completed before or upon the expiration of the time limit as set in the Bid, Contract, and Progress Schedule, or within any time extensions that may have been granted, substantial damage will be sustained by the District; it is impracticable to determine the actual amount of damage by reason of such delay. It is, therefore, agreed that the Contractor and its Surety shall be liable for and pay to the District as damages, and not as a penalty, the amount specified in Section 00 72 00, General Conditions, for each and every day's delay in finishing the work in excess of the number of days specified. The parties expressly agree that this liquidated damage clause is reasonable under the circumstances existing at the time the Contract was made. B. In addition to liquidated damages for delay, if the delay results in the imposition of regulatory fines for late performance, it is agreed that the Contractor and its Surety shall be liable for and pay to the District as damages, and not as a penalty, the liquidated amount specified in Section 00 72 00. C. Exclusions - Notwithstanding the provisions above, the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the District or the owner of the utility under Government Code Section 4215. 2.07 RESPONSIBILITY FOR REPAIR OF FACILITIES A. All public or private facilities, including but not limited to gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees, and embankments for creeks, ponds, and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one year after acceptance of such required facilities. 5/13/2021 SECTION 01 35 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 SPECIAL PROCEDURES 6 2.08 DISTRICT'S REPAIR A. In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the District may, or by the employment of others, remedy any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal, and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the District from claims for payment made by the Contractor for work completed or remaining to be completed as provided for in Part 2.04 of Section 01 20 00, Price and Payment Procedures. END OF SECTION 5/13/2021 SECTION 01 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REGULATORY REQUIREMENTS 1 SECTION 01 41 00 REGULATORY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: permits, licenses, restrictions, lands, easements and right-of- ways required for the project. PART 2 REQUIREMENTS 2.01 GENERAL COMPLIANCE WITH LAWS - PERMITS, REGULATIONS, TAXES A. Contractor is an independent contractor and shall at his sole cost and expense comply with all laws, rules, ordinances, and regulations of all governing bodies having jurisdiction over the work, obtain all necessary permits and licenses, pay all manufacturers' taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance, and contributions for social security and unemployment which are measured by wages, salaries, or any remuneration paid to Contractor's employees, whether levied under existing or subsequently enacted laws, rules, or regulations. Contractor shall also pay all property tax assessments on materials or equipment used until acceptance by the District. B. If any discrepancy or inconsistency is discovered in the Contract Documents, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. C. Without limitation, materials furnished and performance by the Contractor shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor, and any other applicable Federal regulations. D. The Contractor, upon request, shall furnish evidence satisfactory to the District and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the District that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the work, and that it has, and will have, throughout the progress of the work, the necessary experience, skill and financial resources to enable him to perform this Contract. E. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (ADA) (42 USC§12101 et seq.). The Work shall be performed in compliance with ADA regulations. F. The Contractor shall be responsible for familiarity with local requirements for the diversion of recyclable waste materials. The Work shall be performed in compliance with these requirements. Upon request, the Contractor will be required 5/13/2021 SECTION 01 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REGULATORY REQUIREMENTS 2 to present weight tickets and written proof of diversion. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. G. In accordance with Revenue and Taxation Code §107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible at no additional cost to the District. 2.02 PERMITS AND LICENSES A. Procurement of Permits and Licenses: 1. Permits and licenses, of a temporary nature, necessary for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall obtain and pay the fees for the following permits. Name or Type of Permit Permitting Agency Business License City of South Lake Tahoe Construction water permit for water obtained from District-owned fire hydrants (fee waived) South Tahoe PUD 2. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the District unless otherwise specified. The following permits for the permanent work have been obtained by the District: a. Waste Discharge Permit for discharging water for pressure testing, leakage testing, and disinfection into the sewer collection system. b. City of South Lake Tahoe Encroachment Permit c. Tahoe Regional Planning Agency Permit B. The Contractor shall procure all permits and licenses, as described in Part 2.02.A.1, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of work. C. The Contractor shall be aware of and abide by the conditions and restrictions of the TRPA permit for this project. The standard conditions of approval applicable to this project (Attachment Q – Standard Conditions for Grading) are available from the TRPA website (www.trpa.org) for review by the Contractor. D. The Contractor shall be aware of and abide by the conditions and restrictions of the Lahontan Regional Water Quality Control Board permits for this project, including but not limited to Waste Discharge Requirements (WDRs) and/or Stormwater Pollution Prevention Plan (SWPPP) as applicable. A copy of this permit is on file at the District office. E. The Contractor shall be aware of and abide by the conditions and restrictions of the City of South Lake Tahoe and the County of El Dorado. It shall be the Contractor's responsibility to obtain all necessary permits from the City of South Lake Tahoe and El Dorado County. F. Contractor shall provide an equipment listing subject to review by the El Dorado County Air Quality Management District prior to utilizing equipment on the Project. 5/13/2021 SECTION 01 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REGULATORY REQUIREMENTS 3 G. California Contractor's License: the Contractor shall have a valid California contractor's license for the type of work required on this Contract, as specified in Sections 00 10 00, Solicitation, and 00 20 00, Instructions for Procurement. H. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as shown on the Plans and described in the Specifications. He shall promptly notify the Engineer in writing of any variance and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, he shall bear all related costs. 2.03 LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS A. The District will provide the lands, easements, right-of-ways, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the work. Other permits and licenses are addressed by Part 2.02. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its risk and expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the District. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the work or the use of territory shall be the basis of any claim for delay or damage. B. Lands, easements, or right-of-ways to be furnished by the District for construction operations will be specifically shown on the Plans. END OF SECTION 5/13/2021 SECTION 01 41 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REGULATORY REQUIREMENTS 4 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 01 42 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REFERENCES 1 SECTION 01 42 00 REFERENCES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. List of reference standards used in the Contract Documents. 1.02 ABBREVIATIONS AND DEFINITIONS A. Terms used in these Contract Documents shall have the meaning stipulated in Section 00 71 00, Contracting Definitions. PART 2 REFERENCES 2.01 GENERAL A. Applicable Publications: Whenever in these Specifications references are made to published specifications, codes, standards or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards or requirement so the respective issuing agencies which have been published as of the date of execution of the Contract, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances or governing codes. No requirements set forth herein or indicated in the Contract shall be waived because of any provision of, or omission from, said standard or requirements. 2.02 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to or exceed the requirements of applicable codes and the applicable requirements of the following documents. B. References herein to “Building Code” or “Uniform Building Code” shall mean Uniform Building Code of the International Conference of Building Officials (ICBO). Similarly, references to “Mechanical Code” or “Uniform Mechanical Code”, “Plumbing Code” or “Uniform Plumbing Code”, “Fire Code” or “Uniform Fire Code”, shall mean Uniform Mechanical Code, Uniform Plumbing Code and Uniform Fire Code of the International Conference of the Building Officials (ICBO). “Electric Code” or “National Electric Code (NEC)” shall mean the National Electric Code of the National Fire Protection Association (NFPA). The latest edition of the codes as used by the local agency as of the date of execution of the Contract, as adopted by the 5/13/2021 SECTION 01 42 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 REFERENCES 2 agency having jurisdiction, shall apply to the Work herein, including all addenda, modifications, amendments or other lawful changes thereto. C. In case of conflict between codes, reference standards, drawing and the Contract, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the District for clarification and direction prior to ordering or providing any materials or furnishing labor. D. The Contractor shall construct the Work indicated herein in accordance with the requirements of the Contract and the referenced portions of those referenced codes, standards and specifications listed herein. END OF SECTION 5/13/2021 SECTION 01 43 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 QUALITY ASSURANCE 1 SECTION 01 43 00 QUALITY ASSURANCE PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for reactive activities to evaluate completed activities and elements for conformance with the requirements. 2. The requirements of this Section are in addition to the requirements for individual materials and equipment stated elsewhere in these Contract Documents. PART 2 REQUIREMENTS 2.01 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS A. Work and materials shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on Contract Documents. B. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Documents, and the Engineer’s decision as to any allowable deviations shall be final and conclusive, as set forth in Section 00 72 00, General Conditions. 2.02 QUALITY CONTROL A. All materials and equipment shall be new and of the specified quality and, if samples have been submitted, equal to the samples found to be acceptable by the Engineer. B. The Work shall be performed and completed in a thorough, workmanlike manner, notwithstanding any omission in the Contract Documents; and it shall be the duty of the Contractor to call the Engineer's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Engineer may, by appropriate instructions provided in conformance with Section 00 72 00, Part 2.03, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents. 2.03 INSPECTION OF WORK A. Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the work and determine, in general, if the work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be 5/13/2021 SECTION 01 43 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 QUALITY ASSURANCE 2 required to make comprehensive or continuous inspections to check the quality of the work, and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the Engineer shall not relieve the Contractor of its obligation to conduct comprehensive inspections of the work and to furnish proper materials, labor, equipment, and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract. B. Whenever the Contractor varies the period during which work is carried on each day, prior notice shall be given to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the work shall at all times be maintained for the necessary use of the Engineer and other agents of the District, and agents of the Federal, State, or local governments at all times. C. One or more inspectors may be assigned to observe the work and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of its obligation to conduct comprehensive inspections of the work, to furnish proper materials, labor, equipment, and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract. D. The Engineer and its representatives shall at all times have access to the Work wherever it is in progress, to the shops where the Work is in preparation, and to all warehouses and storage yards where materials and equipment are stored, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Contract Documents, the Engineer's instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the District, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply. E. Work performed without inspection may be required to be removed and replaced under proper inspection and the entire cost of removal and replacing, including the cost of District furnished materials used in the work, shall be borne by the Contractor, regardless of whether or not the work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the work must be uncovered by Contractor. If such work is found to be in accordance with the Contract Documents, the District will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost unless he can show that the defect in the work was caused by another Contractor, and in that event the District will pay such costs. F. The inspection of the work shall not relieve the Contractor of its obligation to fulfill the Contract as prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be corrected and 5/13/2021 SECTION 01 43 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 QUALITY ASSURANCE 3 nonconforming materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or any part shall be found defective, Contractor shall, within ten (10) calendar days, correct such defect in a manner satisfactory to the Engineer. If the Contractor shall fail or neglect to make ordered repairs of defective work or to remove the condemned materials from the work within ten (10) calendar days after direction by the Engineer in writing, the District may make the ordered repairs, or remove the nonconforming materials, and deduct the cost from any monies due the Contractor. G. The Contractor shall furnish promptly without additional charge all facilities, labor, and materials reasonably needed by the Engineer for performing all inspection and tests. Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. H. Where any part of the work is being done under an encroachment permit or building permit, or is subject to Federal, State, County or City codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency. I. The Engineer may inspect the production of the material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or its authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. J. Materials, equipment, and workmanship shall be subject to the inspection of, and rejection by, the Engineer, if not in conformance with the Contract Documents. Defective materials, equipment, or Work shall be removed from the premises by the Contractor, whether in place or not, and shall be replaced with new and acceptable materials, equipment, or work. Repair of defective materials, equipment, or work shall be subject to the Engineer's acceptance. K. The District assumes no obligation to inspect materials at the source of supply. L. On all questions concerning the acceptability of materials or equipment, classification of materials, or equipment, execution of the Work, and the determination of costs, the decision of the Engineer shall be final and binding upon all parties. 2.04 SAMPLING AND TESTING A. Unless specified otherwise, the Contractor shall perform at its expense all tests specified or required by the Technical Specifications. The Engineer will perform such tests as he deems necessary to determine the quality of work or compliance 5/13/2021 SECTION 01 43 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 QUALITY ASSURANCE 4 with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the work. B. At the option of the Engineer, the source of material supplies for the Work shall be subject to tests and inspection before delivery is started and before such materials are used in the Work. C. In the event the Contractor protests a failing test of material in place or to be used, he shall take additional samples as specified in the Contract Documents and have additional tests run at his own expense. In the event the original test proves to have been in error, the Contractor shall be reimbursed for his direct costs of additional sampling and testing. D. For materials originating outside of the United States for which tests are required, provide recertification and retesting by an independent domestic testing laboratory. E. All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations. F. The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. 2.05 MILL TESTS A. The Contractor, at his own expense, shall submit, in triplicate, certified copies of all required factory and mill test reports to verify material quality and composition. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed testing and inspection shall not be incorporated in the Work, unless the Engineer shall have notified the Contractor in writing that such testing and inspection will not be required. The cost of performing all mill and factory tests shall be paid by the Contractor unless otherwise provided in the Contract Documents. 2.06 COMPACTION TESTING A. The District’s laboratory may perform soil compaction testing during this project. The testing completed by the District’s laboratory shall be used to determine if the degree of compaction required in the specifications for earthwork has been reached in the field by the Contractor for Quality Control and payment purposes. The Contractor may wish to complete his own compaction tests in addition to or ahead of District tests to enhance his operations and for Quality Assurance purposes. END OF SECTION 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 1 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures and requirements for utilities and facilities used on site during construction. 2. Procedures and requirements for temporary access facilities required to accommodate construction or the District’s operations. PART 2 TEMPORARY CONTROLS 2.01 PROTECTION OF WORK A. The Contractor shall be responsible for the care of all work until its completion and final acceptance; and, at its own expense, replace damaged or lost material and repair damaged parts of the work or the same may be done at its expense by the District and the Contractor and its sureties shall be liable therefore. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions of these Contract Documents. The Contractor shall not be responsible for the cost, in excess of five percent (5%) of the contracted amount, of repairing or restoring damage to the work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale, or by tidal waves; provided that the work damaged was built in accordance with accepted and applicable building standards, and the Plans and Specifications of the District. B. The Contractor shall use extreme care during construction to prevent damage from dust to adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer. C. The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its subcontractors, whether such trespass was committed with or without the consent or knowledge of the Contractor. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 2 D. The Contractor shall see that the work site is kept drained and free of all ground water and any other water which may impede the progress or execution of the Contract work. E. The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. F. Subject to the provisions of this Section, where the work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the work. 2.02 PROTECTION OF PERSON AND PROPERTY A. The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the District's property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor's operations. B. The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury any pipes, conduits, or other structures, crossing the trenching or encountered in the work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting there from. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, must comply with the laws and regulations of the County and the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. C. The Contractor is cautioned that it must replace all improvements in right-of- ways and within the public streets to a condition equal to what existed prior to entry onto the job or in compliance with current laws, regulations, ordinances and codes, whichever is most restrictive. D. Type and time of construction required at any road subject to interference by Contract work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 3 determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the District at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs, and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization, and dust control measures, as required and directed. The cost of all work specified under this Section shall be borne by the Contractor. E. The Contractor shall examine all bridges, culverts, and other structures over which he will move his materials and equipment, and before using them, I shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations. 2.03 ACCIDENT PREVENTION AND RESPONSE A. Precaution shall be exercised by the Contractor at all times for the protection of persons (including employees) and property. The safety provisions of all applicable laws, and of building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated. B. The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage are caused, the accident shall be reported immediately by telephone or messenger to the District and the Engineer. C. The Contractor shall make all reports as are, or may be, required by any governmental entity having jurisdiction, and permit all safety inspections of the Work being performed under this Contract. Before proceeding with any construction work, the Contractor shall take all necessary actions to comply with all provisions for safety and accident prevention. D. If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 2.04 HAZARDS IN PROTECTED AREAS A. Excavation on project sites from which the public is excluded shall be marked or guarded in a manner appropriate to the degree of hazard. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 4 2.05 PROJECT SECURITY A. The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury. 2.06 DUST AND EMISSIONS CONTROL A. The Contractor shall take any necessary steps, procedures, or means as required to prevent its operations in connection with the execution of the Work from causing abnormal dust conditions. The Contractor shall prevent dust from construction activities from being produced in amounts that may be harmful or cause a nuisance to persons living nearby or occupying buildings in the vicinity of the Work. B. Dust control measures shall be applied, as needed to control particulate emissions from all unpaved parts of the site, including but not limited to any unpaved road which the Contractor or any of his Subcontractors are using, excavation or fill areas, demolition areas, and stockpile and staging areas. C. Dust control shall be conducted by sprinkling of water, use of dust palliatives or non-toxic stabilizers, modification of operations, reducing traffic speed, covering of stockpiles, installing temporary erosion controls or any other means acceptable to governmental entities having jurisdiction, as needed to control emissions. D. The Contractor shall cover or wet soil and other excavated material leaving and arriving at the Work site to prevent blowing dust. E. All paved areas of the site, including public access roads into and out of the site, shall be kept clean by sweeping. F. To ensure that emissions from construction equipment exhaust will be reduced, the following measures will be implemented: 1. Use alternative fuel construction equipment to the fullest extent possible. 2. Minimize idling time (e.g., 5 minute maximum). 3. Maintain properly tuned equipment according to equipment manufacturer’s guidelines. 4. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use as specified for noise mitigation purposes. 2.07 SPECIAL CONTROLS A. The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, diversion of storm water, or other individuals or entities under its control. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 5 2.08 NOISE ABATEMENT A. In inhabited areas, particularly residential, Contractor’s operations shall be performed in a manner to minimize unnecessary noise. In residential areas, special measures shall be taken to suppress noise generated by repair and service activities during the night hours. The more stringent of either Cal- OSHA limits or the limits established by local ordinance shall control. 2.09 ODOR CONTROL A. The Contractor shall take any necessary steps, procedures, or means as are required to prevent abnormal odors being caused by its operations. 2.10 DRAINAGE CONTROL A. In performing excavation, fill, and grading operations, care shall be taken to disturb the pre-existing drainage pattern as little as possible. Particular care shall be taken not to direct drainage water onto private property or into streets or drainage ways which are inadequate for the increased flow. Adequate drainage shall be provided to protect the Work. 2.11 EROSION CONTROL A. All excavated and disturbed areas, including trench excavation at the site, shall be provided with temporary erosion control. The temporary erosion control shall be by means of: 1. Filter fabric fences or sediment control barriers placed to completely circumvent the down slope side of the excavation and stockpiled material; 2. All spoils, waste material, or stockpiled material shall not be placed in areas subject to washout, flooding, or natural drainage areas; 3. All stockpiled materials on site during or after hours shall be completely encircled with temporary erosion control devices as described in Item 1 above and covered with plastic sheeting during threat of inclement weather; 4. Construction equipment and vehicles shall be restricted to approved access roads only; 5. Any dewatering of trenches shall be done to avoid causing erosion or runoff from the construction site; 6. Protected areas shall be regularly inspected and maintained by the Contractor during the course of the work. B. Adequate erosion containment as described above shall be subject to the approval of the Engineer and the TRPA representative. 2.12 WATER POLLUTION A. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said streams, 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 6 lakes, reservoirs, and canals. Care shall be exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution. 2.13 TRAFFIC CONTROLS A. The Contractor shall implement those traffic controls required by the Plans and by project permits and applicable regulations. B. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flagpersons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. C. Flagpersons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen" of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at his expense. D. The Contractor shall prepare a detailed plan describing the method by which Contractor will provide for the convenience of the public and public traffic for submission to the appropriate governmental entity with jurisdiction over the streets, highways, roads or other property upon which work pursuant to the Contract will proceed. Contractor’s plan shall be approved by such governmental entity no less than ten (10) working days prior to commencement of the work. Contractor shall amend and revise its plan in accordance with any changes directed or required by such governmental entity. 2.14 TEMPORARY PAVING A. Immediately after underground work is installed and backfilled, Contractor shall install and maintain one-inch (1”) of temporary hot mix asphalt anywhere asphalt has been removed for that work, including access to driveways, until the permanent asphalt patch is completed. No unprotected vertical pavement edges shall be allowed at the end of the work day. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 7 PART 3 TEMPORARY FACILITIES 3.01 GENERAL REQUIREMENTS A. The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any applicable law, ordinance, rule, regulation, or permit, at no additional cost to the District. 3.02 ELECTRICAL SERVICE A. The Contractor shall be responsible, if required, for obtaining adequate temporary electrical service. The Contractor shall then provide adequate job site distribution facilities conforming to applicable codes and safety regulations. B. The cost of temporary electrical service shall be included in the appropriate bid items to which it is appurtenant and shall include full compensation for furnishing all labor, materials, tools, and equipment required to obtain and distribute power for construction purposes. 3.03 TEMPORARY LIGHTING A. The Contractor shall provide temporary lighting in all work areas sufficient to maintain during working hours a lighting level not less than the lighting level required by California OSHA standards. 3.04 HEATING AND VENTILATION A. The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage due to freezing, high temperatures or weather, or to provide a safe environment for workers. B. Unvented, direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to combustible gases until at least two hours after the concrete has attained its initial set. 3.05 WATER A. The Contractor shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements established by State and local authorities for potable water. B. The Contractor shall be responsible for providing the water necessary for the project. The source shall have prior approval of the District. Construction water is available from the District potable supply. An approved backflow preventer shall be installed by the Contractor at the District's fire hydrant in accordance with District Ordinance No. 405. The water sources shall be approved prior to use by owner of the water source. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 8 C. The Contractor shall include the cost of construction water in the appropriate bid item to which it is appurtenant. The cost shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all the work necessary to develop a sufficient water supply and furnishing the necessary equipment for applying the water as described in these Specifications. 3.06 SANITARY CONVENIENCES A. The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the governmental entities having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition. 3.07 FIRST-AID A. First-Aid facilities and information posters conforming, at a minimum, to the requirements of the Occupational Safety and Health Administration shall be provided in a readily accessible location or locations. 3.08 CONSTRUCTION FACILITIES A. Construction hoists, elevators, scaffolds, stages, shoring and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided. 3.09 SHEETING, SHORING, AND BRACING A. Temporary supports shall be designed with sufficient safety considerations to assure adequate load bearing capability. The Contractor shall submit design calculations by a professional registered engineer for sheeting, shoring and bracing prior to application of loads. B. Acceptance of design calculations does not in any way relieve the Contractor from being solely responsible for the installation of adequate sheeting and shoring for the work being undertaken. The District assumes no liability for the Contractor’s operations. 3.10 TEMPORARY ENCLOSURES A. When sandblasting, spray painting, spraying insulation, or performing other activities which are inconvenient or dangerous to property or the health of employees or the public, the area of activity shall be enclosed adequately to contain the dust, spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures. 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 9 3.11 WARNING DEVICES AND BARRICADES A. The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, at a minimum, conform to the requirements of Cal/OSHA. 3.12 FIRE SUPPRESSION A. Minimize fire danger in the vicinity of and adjacent to the construction site. B. A sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities shall be provided in readily accessible locations. C. Provide labor and equipment to protect the surrounding property from fire damage resulting from construction operations. END OF SECTION 5/13/2021 SECTION 01 50 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 TEMPORARY FACILTIES AND CONTROLS 10 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 01 60 00 KELLER-HEAVENLY WATER SYSTEM PRODUCT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures and requirements for products used in construction. PART 2 PRODUCTS 2.01 MATERIALS A. Unless otherwise specifically stated in the Contract Documents, the Contractor shall furnish all materials necessary for the execution and completion of the work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials. B. Where materials are to be furnished by the District, the type, size, quantity, and location at which they are available will be stated in the Contract Documents. C. Manufacturers' warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the Contract. 2.02 STORAGE OF MATERIALS A. Articles or materials to be incorporated in the work shall be stored in such a manner as to insure the preservation of their quality and fitness for the work, and to facilitate inspection. 2.03 EQUIPMENT AND PLANTS A. Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project. B. Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the work to completion within the time limit and met all Federal, State, County, & Local requirements. C. The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall 5/13/2021 SECTION 01 60 00 KELLER-HEAVENLY WATER SYSTEM PRODUCT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 2 remove unsuitable equipment from the work and discontinue the operation of unsatisfactory plants. D. The Contractor shall identify each piece of its equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location, and shall furnish to the Engineer a list giving the description of each piece of equipment and its identifying number. In addition, the make, model number and empty gross weight of each unit of compacting equipment shall be plainly stamped or stenciled in a conspicuous place on the unit. The gross weight shall be either the manufacturer's rated weight or the scale weight. E. In the case of termination of this Contract before completion from any cause whatever, the Contractor, if notified to do so by the District, shall promptly remove any part or all of his equipment and supplies from the property of the District. If the Contractor fails to do so, the District shall have the right to remove such equipment and supplies at the expense of the Contractor. 2.04 TRADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor who shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. 2. Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material or article will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Such request by the Contractor must be made within thirty-five (35) days after award of Contract, unless otherwise noted in Section 01 33 00, Submittals Process, Part 2.02, Critical Equipment Submittals. Contractor must provide back-up materials to substantiate a request for substitution, including Contractor’s affidavit stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. 3. The District’s approval of any substitution shall not entitle the Contractor to any adjustment to the Contract amount or schedule, even if the Contractor based its bid upon obtaining such substitution. B. In following with the District’s established Purchasing Policy, and as is allowed by the public code (PUC §3400, PUC 15431 and PCC 20206.1) and supported by case law, the District has made findings that certain products 5/13/2021 SECTION 01 60 00 KELLER-HEAVENLY WATER SYSTEM PRODUCT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 3 shall be used for this project without alternative. The District’s Purchasing Policy recognizes the following as Findings for exceptions to bidding. 1. When the item (merchandise or service) can be obtained from only one source. 2. When the item is required or is economically preferable to match or be compatible with other furnishings, materials or equipment presently on hand and the purchase is made from the manufacturer or supplier who supplied other such furnishings, materials or equipment. 3. When the item has been standardized by the District and can be purchased from only one source or is purchased from the original manufacturer or supplier. 4. When the Board of Directors determines that due to special circumstances, it is in the District's best interest to purchase an item or enter into a contract without compliance with the bidding procedures ie. competitive proposals would not be useful, would not produce an advantage or would be undesirable, impractical, or impossible. 5. When all bids are considered unsatisfactory or excessive and are rejected by the Board of Directors by a two-thirds vote (PCC 20206.1), the District may do any necessary work and make necessary expenditures in lieu of contracting for the proposed work. 6. When the Board of Directors declares an emergency by a four-fifths vote (PCC 22050), after finding that conditions will not permit a delay resulting from a competitive solicitation for bids. All actions thereafter taken will be reported to the Board until the emergency action is terminated (at the earliest possible date that conditions warrant). C. Following is a list of sole-sourced products that has been approved in advance by the District, and the basis for the sole-source determination identified by reference to the findings listed in Part 2.04.B (above). 1. Sensus Water Meters and MXU’s [Findings 1 and 3] 2. Mueller, AFC and AVK Fire Hydrants [Findings 2 and 3] 3. Allen Bradley programmable logic computers (PLCs) with RSLogix [Findings 2 and 3] 4. Duperon Flexrake Screens [Findings 3 and 4] 5. Microsoft Windows Computer Operating System [Findings 2 and 3] 6. Motorola Ace (was Moscad) Remote Terminal Units (SCADA) including software and programming [Findings 2 and 3] 7. Motorola SCADA & voice radio base station [Findings 1,2 and 3] 8. SKM Power Tools Software for Arc Flash Analysis[Findings 2 and 3] 9. Saf-T-Climb System/North Safety Products[Findings 2 and 3] 10. Videx CyberLock System[Findings 1, 2 and 3] 11. Wonderware SCADA software at plant [Findings 2 and 3] 12. D&L Foundry Manhole frames and covers [Findings 1 and 3] D. Following is a list of manufacturers, products, and/or materials that SHALL NOT be used on District projects, regardless of whether the manufacturer, product, or material is identified specifically (or meets product requirements as an alternative) elsewhere in the project documents: 1. Pipe and plastics manufactured by JM Manufacturing, Inc. 2. Materials by Formosa Plastics Corporation. 5/13/2021 SECTION 01 60 00 KELLER-HEAVENLY WATER SYSTEM PRODUCT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 4 END OF SECTION THIS PAGE INTENTIONALLY LEFT BLANK 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 1 SECTION 01 73 00 PROJECT EXECUTION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedures and requirements for determining acceptable conditions for construction. 2. Procedures and requirements for working in coordination with the existing system. 3. Administrative and procedural requirements for executing the work. PART 2 EXECUTION 2.01 COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION A. The Contractor shall begin work within ten (10) days after receiving the Notice to Proceed and shall diligently prosecute the work to completion as specified in the Contract Documents. 2.02 WORK INVOLVING EXISTING SYSTEM A. All work shall be executed while the existing system is in operation, unless otherwise indicated in the Contract Documents. Operation of the existing system shall not be jeopardized or materially reduced in efficiency as a result of the execution of Work. B. The Contractor shall request shutdowns of any portion or all of the existing system by the District at least 48 hours (two working days) in advance of the scheduled shutdown. Likewise, the Contractor shall notify the District of pending demolition of any structure at least 48 hours (two working days) in advance of the scheduled demolition. No shutdown or demolition shall occur without obtaining prior District approval. 1. The Contractor shall request in writing at least 10 working days in advance of the following scheduled activities: a. Filling of the new tank for any purpose, including, but not limited to testing, disinfection, or preparing it for service. b. Dewatering to sewer. C. D. The Contractor shall be responsible for any fines, penalties, or other actions levied against the District during construction that are a direct result of the Contractor's acts or omissions. Contractor shall defend and indemnify the 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 2 District against any such fines, penalties or other actions, as provided in Section 00 73 00, Part 2.02. E. To facilitate the District’s compliance with the Lead and Copper Rule, to the best of the Contractor’s abilities, the Contractor shall note the type of material of all water service lines exposed during the course of the work and provide the information to the District. 2.03 CONSTRUCTION STAKES, LINES, AND GRADES A. The Work shall be executed in accordance with the lines and grades indicated in the Contract Documents. Distances and measurements, except elevations and structural dimensions, shall be made on horizontal planes. B. The Engineer will provide the Contractor with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract Documents. The Contractor shall make or furnish all surveys and set all construction stakes necessary for the completion of the work. In addition, Contractor shall collect survey data for the installation of all underground utilities, including all tie-in locations, bends, tees/wyes, and valves. All construction staking shall be performed by a California Registered Land Surveyor. Survey records will be provided to the District at the request of the Engineer in accordance with Section 01 33 00, and at the completion of the project in accordance with Section 01 77 00 C. Stakes and marks set by the District or Engineer, if any, shall be carefully preserved by the Contractor. The Contractor shall be charged for the cost of replacing or restoring the stakes and marks which are destroyed or damaged by his operation. This charge will be deducted from any monies due or to become due to the Contractor under the Contract Change Order. 2.04 SITE WORK A. The Contractor shall establish such control and reference points as it may need and as will be required to properly lay out the Work. Monuments for principal control points shall be set by the Contractor and shall be protected by the Contractor from disturbance. If the monuments are disturbed, any work that is governed by these monuments shall be held in abeyance until the monuments are re-established by the Contractor. The accuracy of all the Contractor's stakes, alignments, and grades is the responsibility of the Contractor. However, the Engineer has the discretionary right to check the Contractor's stakes, alignments and grades at any time. Where such discretion is to be exercised by the Engineer, he will notify the Contractor of his intention, stating the time at which the checking will commence. Any part of the work in progress, the results of which are predicated directly upon the Contractor's stakes, alignments, or grades to be checked, shall be held in abeyance until the Engineer has notified the Contractor that the checking has been completed. 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 3 2.05 LOCATING AND REPAIRING UNDERGROUND UTILITIES A. Except as provided by Government Code Section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. B. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the District, the District will be responsible for the cost of their removal, relocation, or protection, to the extent required by law, but the Contractor shall immediately notify the District and the Utility in writing upon their discovery and shall perform any such work in conformance with applicable provisions of Section 00 72 00, General Conditions, if so directed by the Engineer and in such situation the Contractor shall not be responsible for liquidated damages for delay in completion of the project caused by the failure of the District or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the District in the Contract Documents, he shall immediately notify the Engineer and the utility in writing. C. In accordance with Government Code Section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the equipment on the project necessarily idled during such work; provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing, or relocating such utilities. 2.06 WORK SEQUENCE AND CONSTRAINTS A. The District envisions the work being completed in the following sequence. The Contractor may propose an alternate sequence for District review and acceptance when he submits his initial construction schedule. 1) Inspect and accept the existing tank foundation. 2) Install temporary Site Security, safety, tree protections and erosion control measures prior to mobilizing to the WWTP staging area and Keller Tank site. 3) Construct water tank. 4) Install appurtenances on tank and complete touch-up work of any damage to factory coatings. 5) Clean tank prior to commencing testing and disinfection. 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 4 6) Complete testing and disinfection in coordination with District. District will collect samples for testing. 7) Re-test and disinfect following any necessary repairs, as required, in coordination with District for sampling. Return tank to service. B. The work shall be subject to the following scheduling constraints: 1) The tank foundation and piping may not be ready for Contractor review until completion via a separate contract on or around October 15, 2021. 2) All work onsite must be completed on or before July 28, 2022 in advance of the next phase of construction below the tank site. 3) Work at the tank site shall not commence until the site is clear of snow, in accordance with Section 01 32 00, Part2.02.E. No consideration for delay will be given unless the site remains inaccessible after May 15, 2022. C. The Contractor shall be aware that there may be change orders involved with this Work. The Engineer has made every reasonable attempt to determine the extent and location of all existing facilities within the project area. However, the inexact nature of existing knowledge and as-built plans may require change orders to reflect changed conditions. All change orders shall be handled using the procedures contained in the General Conditions of the Contract Documents. 2.07 CONTRACTOR’S MEANS AND METHODS A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 2.08 CLEAN-UP A. Throughout the period of construction the Contractor shall keep the Work site free and clean of all rubbish and debris, and shall promptly remove from the site, or from property adjacent to the site of the Work or from public access roads, all unused and rejected materials, surplus earth, concrete, plaster, and debris, excepting select material which may be required for refilling or grading. The Contractor shall assure that buildings, grounds, and public properties are maintained free from accumulations of waste materials and rubbish from the Work. B. The Contractor shall provide containers for collection and disposal of waste materials, debris, and rubbish. C. If applicable, remove concrete, concrete wash, stucco splatter, gunite overspray, and all other waste and debris prior to final grading and landscaping. 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 5 2.09 SYSTEM START-UP A. Coordinate schedule for start-up of various equipment and systems with the Engineer ten days prior to planned start-up of each component. B. Prior to start-up verify that each piece of equipment or system has been checked for proper installation, lubrication, control sequence, and for any conditions which may cause damage. C. Prior to start-up verify that test results, meter readings, and specified electrical characteristics agree with those required by the manufacturer. D. Verify wiring and support components for equipment are complete and tested. E. Execute start-up under the supervision of applicable manufacturer’s representative in accordance with manufacturer’s instructions. F. At Engineer’s request, require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start-up, and to supervise placing equipment or system in operation. 2.10 TRAINING A. Following completion of the installation and field-testing work, employees of the District shall be trained in the proper operation, troubleshooting, and maintenance of the equipment. Training shall be performed by a qualified representative of the manufacturer, and shall meet the minimum time requirements for classroom and hands-on time specified in the technical specifications for each type of equipment. B. All District training shall be conducted twice: once on Monday or Tuesday and again on Thursday or Friday, and always in the afternoon. C. Training manuals shall be provided in hard copy and in electronic form. D. Training shall include, at a minimum: 1. System overview, 2. General theory of operation, 3. System operation – Normal mode, 4. Alarm formats, 5. Failure recovery procedures, 6. Troubleshooting and repair, 7. Maintenance and calibration, 8. System programming and configuration. E. The requirements of this Section are in addition to the requirements for individual materials and equipment stated elsewhere in these Contract Documents. 5/13/2021 SECTION 01 73 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT, PHASE 2 PROJECT EXECUTION 6 END OF SECTION THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 1 SECTION 01 77 00 CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for completion of the work. 2. The requirements of this Section are in addition to the requirements for closeout procedures and closeout submittals for individual materials and equipment stated elsewhere in these Contract Documents. PART 2 CLOSEOUT PROCEDURES 2.01 PROJECT CLOSEOUT A. It is the intent of these Contract Documents that the Contractor deliver a complete and operable facility capable of performing its intended functions and ready for use. 2.02 PARTIAL ACCEPTANCE OF WORK A. After completion of certain portions of the Work, including all testing and other preparation necessary for operation of such portions by the District as specified in these Special Conditions, but prior to final completion of the Work, provisions may be made for partial acceptance in writing by the District for such portions only. The portions of the Work to be included for partial acceptance prior to final project completion will be noted at the pre- construction conference in accordance with Contractor's schedule, or by written notice to the Contractor at the earliest possible time. B. The guarantee period for such portions of the Work shall commence with the date of their acceptance for use by the District. However, full payment for such portions will not be made until final acceptance of the entire Work. C. Acceptance of any portion of the Work prior to acceptance of the whole shall not be construed as absolving the Contractor of responsibility for any item of construction or incidental work included in the Contract. D. Prior to such occupancy or use, the District will enter into a written agreement with the Contractor delineating the portions of the Work released to the District for occupancy or use and indicating what, if any, work remains to be done within the occupied or released area. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as may be determined by the District after consideration of recommendations by the Engineer. 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 2 E. Should any portion of the Work in use be damaged by such use, the District shall bear the expense for repairing such damage. However, if the portion being so used should reveal deficiencies of materials or workmanship, it shall be the Contractor's responsibility to replace the defective construction. 2.03 FINAL SITE CLEAN-UP A. Upon completion of work and before the final estimate is submitted, the Contractor shall at its own cost and expense remove from the vicinity of the work all plant, buildings, equipment, rubbish, unused work materials, concrete forms, temporary bridging and other like materials, belonging to Contractor or used under its his direction during the construction, but not required as part of or appurtenant to the completed work. B. The Contractor shall clean, sweep, wash, and polish all work and installed equipment including finishes. The Contractor shall remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed interior and exterior finished surfaces. The Contractor shall broom clean paved surfaces and rake clean landscaped areas. C. Where the construction has crossed yards or driveways, they shall be restored by the Contractor to the complete satisfaction of the Engineer, at the Contractor's expense. D. In the event of failure to do so, the same may be removed by the District after ten (10) calendar days notice to the Contractor, such removal to be at the expense of the Contractor. 2.04 WASTE DISPOSAL A. The Contractor shall dispose of surplus materials, waste products and debris and shall make necessary arrangements for such disposal. 2.05 TOUCH-UP AND REPAIR A. The Contractor shall touch up or repair finished surfaces on structures, or installations, that have been damaged prior to final acceptance. Surfaces on which such touch up or repair cannot be successfully accomplished shall be completely refinished or, in the case of hardware and similar small items, shall be replaced. 2.06 PROJECT RECORD DOCUMENTS A. In accordance with Section 01 31 00, Project Management and Coordination, the Contractor shall maintain at the site, available to the District and Engineer, one copy of the Contract Documents, Drawings, Shop Drawings, Change Orders and other modifications, in good order and marked to record all changes made during construction. These documents shall be delivered to the Engineer upon completion of the Work. 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 3 B. In the case that portions of the Work are required by the Contract Documents to be designed by a licensed professional under agreement with the Contractor, as-built drawings for this portion of the Work shall be prepared by the licensed professional and included in the Project Record Documents. 2.07 FINAL ACCEPTANCE AND DATE OF COMPLETION A. Whenever the Contractor shall deem all work under this Contract to have been completed in accordance therewith, it shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any incomplete or nonconforming work. When all the provisions of the Contract have been fully complied with to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract. The Engineer will then certify to said final estimate and to the completion of the work, and will file copies thereof with the District and the Contractor. The date of completion shall be the date upon which the District makes its formal written acceptance of the work. 2.08 FINAL SUBMITTALS A. Prior to requesting final payment, the Contractor shall obtain and submit the following items to the Engineer for transmittal to the District: (1) written guarantees, where required; (2) operating manuals, training and instruction; (3) keying schedule; (4) maintenance stock items, spare parts and special tools; (5) completed project record documents; (6) releases from all parties who are entitled to claims against the Project, property or the Work in a form required by law. 2.09 FINAL PAYMENT A. Within ten (10) days after the date of completion, and including the receipt of Final Release, the District will file in the Office of the County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the recordation of such Notice of Completion, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of the Contract Documents or as required by law. All prior certifications upon which partial payments may have been made, being merely estimates, shall be subject to correction in the final certificate. 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 4 2.10 FINAL RELEASE A. Final payment to the Contractor, in accordance with the final estimate, is contingent upon the Contractor furnishing the District with a signed written release of all claims against the District arising by virtue of the Contract. This will be accomplished by execution of the CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS -attached. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS. 2.11 RIGHT TO WITHHOLD PAYMENTS A. In addition to all other rights and remedies of the District hereunder and by virtue of the law, the District may withhold or nullify the whole or any part of final payment for reasons described in Section 00 72 00, General Conditions. 2.12 CONTRACTOR'S CONTINUING OBLIGATION A. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by District to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by District, nor any act of acceptance by District nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a Notice of Acceptability by Engineer, nor any correction of defective Work by District will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 2.13 WAIVER OF INTEREST A. The District shall have no obligation to pay and the Contractor hereby waives the right to recover interest with regard to monies which the District is required to withhold by reason of judgment, order, statute, or judicial process. 2.14 SATISFACTION OF CLAIMS AND LIENS A. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the District, a complete release of all liens and claims arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien or claim could be filed; but the Contractor may, if any Subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Engineer, to indemnify the District against any lien or claim. If any lien or claim remains unsatisfied after all payments are made, the Contractor shall refund to the District all monies 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 5 that the latter may be compelled to pay in discharging such a lien, or claim, including all costs and reasonable attorney's fees. B. Prior to final payment by the District, the Contractor shall submit a final waiver of lien for the Contractor’s work, in the forms prescribed by California Civil Code §8136, together with releases of lien from any subcontractor or supplier. 2.15 DISBURSEMENT OF RETENTION PROCEEDS A. In accordance with Section 7107 of the Public Contracts Code with respect to all contracts entered into on or after January 1, 1993 relating to the construction of any public work of improvement the following shall apply. B. The retention proceeds withheld from any payment by the District from the original Contractor, or by the original Contractor from any Subcontractor, shall be subject to this paragraph. 1. Within sixty (60) days after the date of completion of the work, the retention withheld by the District shall be released. 2. In the event of a dispute between the District and the original Contractor, the District may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount. C. Subject to subsection D, within seven (7) days from the time that all or any portion of the retention proceeds are received by the original Contractor, the original Contractor shall pay each of its subcontractors from whom retention has been withheld, each subcontractor’s share of the retention received. However, if a retention payment received by the original Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor, if the payment is consistent with the terms of the subcontract. D. The original Contractor may withhold from a subcontractor its portion of the retention proceeds if a bona fide dispute exists between the subcontractor and the original Contractor. The amount withheld from the retention payment shall not exceed one hundred fifty percent (150%) of the estimated value of the disputed amount. E. In the event that retention payments are not made within the time periods required by this Part, the District or original Contractor withholding the unpaid amount shall be subject to a charge of two percent (2%) per month on the improperly withheld amount, in lieu of any interest otherwise due. Additionally, in any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to attorneys’ fees and costs. F. Any attempted waiver of the provisions of Section 7107 of the California Public Contract Code shall be void as against the public policy of this state. 5/13/2021 DOCUMENT 01 77 00 KELLER-HEAVENLY WATER SYSTEM CLOSEOUT REQUIREMENTS IMPROVEMENTS PROJECT, PHASE 2 6 2.16 REUSE OF DOCUMENTS A. Neither Contractor nor any Subcontractor or Supplier or other person or entity performing or furnishing any of the Work under a direct or indirect contract with District shall have or acquire any title to or ownership rights in any of the Drawings, Plans and Specifications or other documents (or any copies of such documents) prepared by or bearing the seal of Engineer, and they shall not reuse any of such documents on extensions of the Project or any other project without written consent of District and Engineer and specific written verification or adaptation by Engineer. 2.17 RETENTION OF RECORDS A. In accordance with Government Code §8546.7, records of both the District and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Contractor shall make available to the District any of the Contractor’s other documents related to the Project immediately upon request of the District. In addition to the State Auditor rights above, the District shall have the right to examine and audit all the books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at not additional cost to the District, for a period of four (4) years after final payment. END OF SECTION CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of ____________, ___________, by and between South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT", and ______________, hereinafter referred to as "CONTRACTOR". KNOW ALL PERSONS BY THESE PRESENTS: 1. That the undersigned, as the authorized representative of CONTRACTOR, for and in consideration of ________________($____________), contract amount, and the sum of _________________($_________________) for said Contract Change Orders Nos. 1 through ___, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §8132 - 8138, and does hereby and for each of its successors, assigns and partners, release acquit and forever discharge the SOUTH TAHOE PUBLIC UTILITY DISTRICT OF EL DORADO COUNTY, CALIFORNIA, and each of its successors, assigns, officers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, which might have been asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated ______________________for Purchase Order No.______ DISTRICT project described as _____________________________. B. Change Orders Nos. 1 through __ as approved by the parties, pertaining to Purchase Order No._______ and shown in Payment Request No. ________, dated _____________________. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR’s completion of Purchase Order No. ______ does hereby and for each of its successors, and assigns, releases, acquits and forever discharge __________________and each of its successors, assigns, officers, agents, servants, and employees, and sureties from any and all rights, claims, demands, debts, obligations, liability, actions, costs, expenses whatsoever which might have been asserted against CONTRACTOR, except for all rights accruing to the DISTRICT arising out of (1) patent and latent construction defects as codified by California Code of Civil Procedure Sections 337.10 and 337.15, (2) third party claims brought against the DISTRICT, and (3) warranty claims, which rights are specifically reserved and not released, provided by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated ________________for Purchase Order No. ________DISTRICT project described as ___________________. B. Change Orders Nos. 1 through _____ as approved by the parties, pertaining to Purchase Order No. ________ and shown in Payment Request No. dated _______________________. 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in respect to any portions of the Specifications for Purchase Order No. _____, including but not limited to indemnity and warranty obligations. 4. The DISTRICT has received no claims from the CONTRACTOR. 5. The DISTRICT filed and recorded a NOTICE OF COMPLETION with the El Dorado County Recorder on _____________, 2021 as such the statutory lien period expired on _________, 2021. 6. The presently retained amount is $ Original Contract amount $ Total Change Order Amount Other Encumberances $ $ Less: Amount Previously Paid (Request Nos. 1 through ___) $ Retainage $ BALANCE: $ The retainage will be released to the CONTRACTOR within sixty (60) calendar days after date of recording a NOTICE OF COMPLETION by El Dorado County Recorder or when all stop notices and other encumberances have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR’s rights to the presently retained amount until such time as such amounts are received in full by CONTRACTOR. 7. CONTRACTOR and DISTRICT agree that the total adjusted contract price and time of performance for Purchase Order No. after the execution of change orders shall be as follows: Original Contract Price $ Original Calendar Days Total Adjusted Price $ Total Adjusted Calendar Days 8. It is understood and agreed by the undersigneds that the facts with respect to which the foregoing Release is given may hereafter turn out to be other than or different from the facts in that connection now known to be or believed by said undersigneds to be true, and the undersigneds hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or recession by any such difference in facts and undersigneds hereby expressly waive any and all rights the undersigneds have or may have under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 9. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. Unless arising out of a right expressly reserved herein, the undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact costs, if any. 11. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. JOHN THIEL, GENERAL MANAGER DATED ATTEST: MELONIE GUTTRY, CLERK OF BOARD DATED CONTRACTOR DATED THIS PAGE LEFT INTENTIONALLY BLANK DIVISION 05 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 SECTION 05 05 00 Keller-Heavenly Water System Improvements Project – Phase 2 MISCELLANEOUS METAL WORK 1 SECTION 05 05 00 MISCELLANEOUS METALWORK PART 1--GENERAL 1.01 DESCRIPTION This Section specifies miscellaneous metalwork, which consists of custom fabricated steel metalwork other than structural metalwork. 1.02 QUALITY ASSURANCE A. GENERAL: Shop and field welding shall conform to the requirements of the AISC Manual of Steel Construction. The use of salvaged, reprocessed or scrap materials will not be permitted. B. REFERENCES: This Section contains references to the following documents. They are a part of this Section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this Section as if referenced directly. In the event of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title AISC Manual of Steel Construction American Institute of Steel Construction, Manual of Steel Construction, Allowable Stress Design-9th Edition ASTM A36/A36M Structural Steel MAY 2021 SECTION 05 05 00 Keller-Heavenly Water System Improvements Project – Phase 2 MISCELLANEOUS METAL WORK 2 Reference Title ASTM A48 Gray-Iron Castings ASTM A283/A283M Low and Intermediate Tensile Strength Carbon Steel Plates, Shapes and Bars ASTM A307 Carbon Steel Externally Threaded Standard Fasteners ASTM A320/ A320M Alloy-Steel Bolting Materials for Low Temperature Service ASTM A500 Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes PART 2--PRODUCTS 2.01 MATERIALS Materials for miscellaneous metalwork are specified in Table A. Table A, Materials for Miscellaneous Metalwork Material Specification Non-structural steel bars, angles, clips, and similar items ASTM A36 or ASTM A283 Iron castings ASTM A48 Structural steel tubing ASTM A500, Grade B Steel bolts (except flanges and anchor bolts) ASTM A307, Grade A 2.02 FABRICATION A. GENERAL: Holes shall be punched 1/16 inch larger than the nominal size of the bolts, unless otherwise specified. Whenever needed, because of the thickness of the metal, holes shall be subpunched and reamed or shall be drilled. Fabrication including cutting, drilling, punching, threading and tapping required for miscellaneous metal or adjacent work shall be performed prior to hot-dip galvanizing. B. SEAT ANGLES, SUPPORTS AND BRACKETS: MAY 2021 SECTION 05 05 00 Keller-Heavenly Water System Improvements Project – Phase 2 MISCELLANEOUS METAL WORK 3 Seat angles over slide gate guides shall be welded to the guides. Seat angles for grating, supports for floor plates, clips for precast panels and brackets for piping shall be steel, hot-dip galvanized after fabrication unless otherwise specified. C. OTHER MISCELLANEOUS STEEL METALWORK: Other miscellaneous steel metalwork, including hangers and inserts, shall be as specified on the drawings and shall be hot-dip galvanized after fabrication. PART 3--EXECUTION 3.01 INSTALLATION A. GENERAL: Fieldwork shall not be permitted on galvanized items. Drilling of bolts or enlargement of holes to correct misalignment will not be allowed. Dissimilar metals shall be protected from galvanic corrosion by means of pressure tapes, coatings or isolators. Metalwork to be embedded in concrete shall be placed accurately and held in correct position while the concrete is placed or, if specified, recesses or blockouts shall be formed in the concrete. The surfaces of metalwork in contact with or embedded in concrete shall be thoroughly cleaned. If accepted, recesses may be neatly cored in the concrete after it has attained its design strength and the metalwork grouted in place. Embedments shall be as specified on the drawings. B. SEAT ANGLES, SUPPORTS AND GUIDES: Seat angles for grating and supports for floor plates shall be set so that they are flush with the floor and also maintain the grating and floor plates flush with the floor. 3.02 CLEANING After installation, damaged surfaces of shop primed metals shall be cleaned and touched up with the same material used for the shop coat. **END OF SECTION** MAY 2021 SECTION 05 05 23 Keller-Heavenly Water System Improvements Project – Phase 2 ADHESIVE ANCHORS 1 SECTION 05 05 23 ADHESIVE ANCHORS PART 1--GENERAL 1.01 DESCRIPTION This Section specifies adhesive anchors attaching steel reservoirs to concrete foundations, including rods, adhesive, washers and nuts. Anchor bolts shall conform to AWWA Standard D103 and shall be hot-dip galvanized. 1.02 REFERENCES This Section contains references to the following documents. They are a part of this Section as specified and modified. In case of conflict between the requirements of this Section and those of the listed documents, the requirements of this Section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, whether or not the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ACI 318 Building Code Requirements for Structural Concrete ASTM A 36 Carbon Structural Steel ASTM A 307 Carbon Steel Bolts and Studs, 60,000 PSI tensile Strength ASTM F 1554 Anchor Bolts, Steel, 36, 55, and 105-ksi Yield Strength AWWA D103 Factory Coated Bolted Carbon Steel Tanks for Water Storage CBC 2007 California Building Code, with local amendments 1.03 SUBMITTALS MAY 2021 SECTION 05 05 23 Keller-Heavenly Water System Improvements Project – Phase 2 ADHESIVE ANCHORS 2 Submittals shall be provided in accordance with Section 01 33 00 and shall include the following information: A. Catalog sheets and/or brochures from the product manufacturer, containing installation instructions, chemical resistance, and temperature limitations. B. Current ICC Evaluation Service Report for adhesives used. C. Design calculations in accordance with Paragraph 05501-2.03, stamped and signed by a California-registered civil or structural engineer. See Section 33 16 23 for design requirements. 1.04 SPECIAL INSPECTION A. GENERAL: Special Inspection of anchorage work shall be performed by the Special Inspector under contract with the District and in conformance with CBC Chapter 17. Special Inspector(s) shall be acceptable to the District in its sole discretion. Special Inspection is in addition to, but not replacing, other inspections and quality control requirements herein. B. CONCRETE WORK TO RECEIVE SPECIAL INSPECTION: All installation of anchorages shall receive Special Inspection in accordance with CBC Sections 1704.4 and 1704.13. PART 2--PRODUCTS 2.01 GENERAL Anchor bolt holes in support frames or anchor chairs shall not exceed the bolt diameters by more than 25 percent, up to a limiting maximum oversizing of 1/4 inch. Unless otherwise specified, minimum anchor bolt diameter shall be 1 inch, and minimum embedment depth into the concrete ring wall shall be 12 inches. Expansion anchors will not be permitted in substitution for adhesive anchors. 2.02 MATERIALS Anchor adhesive shall be Hilti HIT-RE 500-SD; Simpson SET-XP Adhesive, or approved equal. Threaded rods shall be carbon steel conforming to ASTM A 36; ASTM A 307, grade B; or ASTM F 1554, grades 36 or 55 (weldable). Anchor rods shall be hot-dip galvanized. MAY 2021 SECTION 05 05 23 Keller-Heavenly Water System Improvements Project – Phase 2 ADHESIVE ANCHORS 3 2.03 DESIGN Anchorages for steel reservoirs shall be designed in accordance with AWWA D103, Specifications Section 33 16 23, and Appendix D of ACI 318, as modified by the relevant ICC-ES Report submitted. PART 3--EXECUTION 3.01 GENERAL 1. Anchor diameter, grade of steel, and embedment depth shall conform to approved submittal. Anchor shall be threaded or deformed full length of embedment and shall be free of rust, scale, grease, and oils. 2. All installation recommendations by the anchor system manufacturer shall be followed carefully, including maximum hole diameter. 3. Holes shall have rough surfaces, such as can be achieved using a rotary percussion drill. 4. Holes shall be blown clean with compressed air and be free of dust or standing water prior to installation. 5. Concrete temperature and air temperature shall be compatible with adhesive manufacturer’s curing requirements. Anchors shall not be placed in concrete below 25 degrees F. 6. Anchor shall be left undisturbed and unloaded for full adhesive curing period. After anchor bolts have been embedded, their threads shall be protected by grease and the nuts run on. **END OF SECTION** MAY 2021 SECTION 05 05 23 Keller-Heavenly Water System Improvements Project – Phase 2 ADHESIVE ANCHORS 4 THIS PAGE LEFT INTENTIONALLY BLANK DIVISION 13 THIS PAGE LEFT INTENTIONALLY BLANK 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 1 SECTION 13 47 13 TANK INTERNAL CATHODIC PROTECTION PART 1 GENERAL 1.01 SCOPE OF WORK A. The Contractor shall furnish all materials, coordinate work with the tank fabricator, install all equipment and provide all labor necessary to complete the work shown on the drawings and/or listed below and all other work and miscellaneous items not specifically mentioned but reasonably inferred, including all accessories and appurtenances required for a complete system. The intent of the specification is to provide for two complete, functional cathodic protection systems for the submerged interior surfaces of the bolted steel tank, namely the Keller Tank for South Tahoe Public Utility District, in South Lake Tahoe, California. B. Work included in this section consists of all components of the cathodic protection system for the steel storage tank including magnesium anodes, brackets and any other work necessary to complete the installation. 1. Coordinate with the tank fabricator in writing prior to the factory coating of the tank plates to ensure that the fabricator installs the anode bracket assemblies. 2. Coordinate with the tank fabricator in writing prior to the construction of the tank onsite to obtain the confirmation that the new tank walls will be compatible with cathodic protection by making the wall plates electrically continuous by removing the insulation/coating of a minimum of two bolts per plates. 3. Cathodic protection of the submerged portion of the tank interior surfaces. 4. Installation of magnesium rod anodes. 5. Material submittals. 6. Touch up repair of damaged coatings on the tank shell and floor. 7. Correction of all deficiencies. 1.02 CODE REQUIREMENTS A. All materials, workmanship and installation shall conform to all requirements of the legally constituted authority having jurisdiction. These authorities include, but are not limited to, the latest revision of the State of California, Department of Industrial Relations, Division of Industrial Safety Orders of the Industrial Accident Commission; and all other applicable State, County, or City codes and regulations. Nothing in the drawings or specifications is to be construed to permit work not conforming to these regulations and codes. Where larger size or better grade materials than required by these regulations and codes are specified, the specifications and drawings shall have precedence. 1.03 REFERENCES A. This section contains references to the following documents. They are a part of this 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 2 section as specified and modified. In case of a conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. 1. American Society of Testing and Materials (ASTM) 2. National Electrical Manufacturers Association (NEMA) 3. American Water Works Association (AWWA) 4. National Association of Corrosion Engineers (NACE) 5. American National Standards Institute (ANSI) 6. Society for Protective Coatings (SSPC) 1.04 SUBMITTALS A.Contractor shall provide submittals in accordance with Section 01 33 00. B.Contractor shall submit for approval by the Construction Manager five (5) copies of the following items: 1.A complete list of cathodic protection equipment and materials, including name and manufacturer, catalog number, size, and any other pertinent data necessary for proper identification and to determine conformance with specifications. 2.A certified test report showing the chemical analysis of all anodes. 3.Coating manufacturer’s data sheet for each product to be used, indicating NSF compliance, along with instructions and recommendations for surface preparation and coating application for steel surfaces as well as for touchup of steel surfaces. 4.Material safety data sheet for each field applied coating product used. 5.Proposed installation schedule. 6.Correspondence with the tank fabricator regarding installed brackets and electrical continuity of plates. C.Contractor shall receive written approval of submittals, prior to beginning installation. 1.05 QUALITY ASSURANCE A. All work shall be performed to the satisfaction of the Construction Manager. B. The Contractor shall not substitute for the specified materials unless approved by the Construction Manager. C. Use only new, highest quality cathodic protection components, and standard products from a manufacturer regularly engaged in the production of such material or equipment. D. Cathodic protection components shall be subject to testing by the Construction Manager to ensure proper installation and operation. The Contractor shall be responsible for correction of all deficiencies identified by the testing and all costs 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 3 incurred for retesting prior to final acceptance. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver cathodic protection and coating materials to the Site in original, sealed containers. B. Replace all damaged anodes. 1.07 PROJECT CONDITIONS A. The Contractor shall coordinate and properly relate this work to the site and to the work of all trades. The general locations of the facilities are shown on the drawings. However, the Contractor shall visit the premises and thoroughly familiarize himself/herself with all details of the work and working conditions, verify existing conditions in the field, determine the exact locations of existing structures and advise the Construction Manager of any discrepancy that may prevent or hinder the specified work from being completed. 1.08 COORDINATION A. The brackets shall be installed by the bolted tank fabricator. The anodes shall be installed by the contractor and shall be inspected before the surface preparation and painting of interior and exterior items and surfaces of the tank after the inspection by the Construction Manager of the initial anode installation in accordance with Paragraph 3.06.A, the Contractor shall remove the anodes. The Contractor shall coordinate scheduling with the tank fabricator. The final installation of the anodes into the brackets shall occur after the one year coating inspection by the Construction Manager and the tank fabricator, and any coating repairs have been completed. The final anode installation shall occur before the tank is refilled after the one year coating inspection. B. Care shall be exercised so as not to damage any coating on the tank surfaces when reinstalling the anodes. Any coating damaged during the final installation of the anodes shall be repaired by the Contractor. Surface preparation for the areas to be repaired shall be in accordance with the appropriate SSPC standards, and coatings shall be with approved compatible coatings. 1.09 WARRANTY A. The system warranty shall be no less than one year after system activation and shall include all costs for repair, parts and labor. 1.06 CONTRACTOR QUALIFICATIONS A. The cathodic protection installer shall have a minimum of five (5) years of experience installing and servicing the types of system described in this specification. The system shall be installed by the cathodic protection installer with staff, trained in the installation 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 4 of waterworks and related cathodic protection systems. B. All personnel shall be subject to Federal Substance Abuse and Testing Regulations. 1.10 SYSTEM START UP A. After the Contractor has completed the final installation of the corrosion control and monitoring system, the system shall be tested by a State of California Registered Professional Corrosion Engineer, retained by the Construction Manager, to assure conformance with the specifications. Testing shall include proper installation of the anodes, cables and test stations, and potential measurements on protected surfaces of the tank. Protection levels shall satisfy the criteria per NACE Standard SP-01-69. Upon completion of the tests, a detailed written report shall be submitted describing any deficiencies detected. Any and all deficiencies shall be corrected by the Contractor at his/her cost and retested prior to final acceptance. All retesting shall be at the Contractor's expense. PART 2 PRODUCTS 2.01 GENERAL A. All materials shall conform to the requirements set forth herein or as designated on the drawings, unless otherwise specified. All materials must be new, free from defects, and shall be of the best commercial quality for the purpose specified. The Contractor shall furnish all necessary items and accessories not shown on the drawings or specified herein, but which are required to fully carry out the specified intent of the work, at no additional cost to the Construction Manager. 2.02 MAGNESIUM ANODES A. Galvanic anodes shall be extruded high potential magnesium rods with a diameter of 1.561-inches, length of 10 feet and shall weigh a minimum of 15 pounds. Each anode shall be cast with a 3/16-inch diameter steel core, and the steel core shall protrude 4 inches from each end. B. Each anode shall conform to the following chemical composition: Aluminum 0.010 % maximum Manganese 0.5-1.3 % Copper 0.02% maximum Nickel 0.001% maximum Iron 0.03% maximum 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 5 Other impurities 0.05% each or 0.3% Max Total Magnesium Balance 2.03 BRACKET ASSEMBLIES A. The floor bracket and the shell bracket shall be fabricated of 2 inch by 2 inch by ¼ inch angle iron as indicated in the drawings. The angle iron shall be A36 mild steel. The receiver and set screw shall be 316 stainless steel. B. As an alternative to the receiver/set screw, and 316 stainless steel bolt welded to the bracket may be utilized as shown in the drawings. 2.04 COATING MATERIALS A. Coating materials for coating repairs shall match the existing factory coating and be sealed in containers that plainly show the designated name, formula or specification number, batch number, color, date of manufacture, manufacturer’s directions and name of manufacturer, all of which shall be plainly legible at the time of use. PART 3 EXECUTION 3.01 GENERAL A. All materials, workmanship and installation shall conform to all requirements of the legally constituted authority having jurisdiction. These authorities include, but are not limited to, the latest revision of the State of California, Department of Industrial Relations, Division of Industrial Safety, Electrical Orders; The National Electric Code, General Construction Safety Orders of the Industrial Accident Commission; and all other applicable State, County, or City codes and regulations. Nothing in the drawings or specifications is to be construed to permit work not conforming to these regulations and codes. Where larger size or better grade materials than required by these regulations and codes are specified, the specifications and drawings shall have precedence. 3.02 STORAGE OF MATERIALS A. All materials and equipment to be used in construction shall be stored in such a manner to be protected from detrimental effects from the elements. If warehouse storage cannot be provided, materials and equipment shall be stacked well above ground level and protected from the elements with plastic sheeting or other method as appropriate. 3.03 BRACKET ASSEMBLIES A. The floor bracket and shell bracket shall be installed in the manner and at the locations shown on the drawings by the tank fabricator. The surface shall be cleaned to white metal by grinding or filing prior to welding. All welds shall be continuous seam welds. 5/12/2021 SECTION 01 31 10 KELLER TANK, KELLER-HEAVENLY WATER SYSTEM PROJECT, PHASE 2 TANK INTERNAL CATHODIC PROTECTION 6 3.04 COATINGS A. Any touch-up coatings shall be applied in accordance with the manufacturer’s instructions and recommendations and to the satisfaction of the Construction Manager. All steel surfaces shall be prepared in accordance with the manufacturer’s instructions to ensure compatibility with the specified coating system. 3.05 MAGNESIUM ROD ANODES A. Each magnesium rod anode shall be mounted in its respective floor bracket and shell bracket and held in place by means of the set screws. B. The magnesium rod anodes shall not be painted. 3.06 INITIAL AND FINAL INSTALLATION, ENERGIZING AND TESTING A. The cathodic protection system shall be installed and inspected before the surface preparation and painting of interior and exterior items and surfaces of the Project tank. After the installation of the cathodic protection system, the system shall be inspected by the Construction Manager to assure conformance with the drawings and specifications. The anodes shall then be removed by the Contractor and given to the Construction Manager for storage until the one year coating inspection. When the one year coating inspection is complete the Contractor shall reinstall the anodes. The Contractor shall confirm the electrical continuity of the anodes with the brackets. B. After the final installation of the cathodic protection system, the system shall be energized and tested by the Construction Manager to assure conformance with the drawings and specifications and to ensure adequate protection of the tank internals per relevant NACE standards. Any and all deficiencies shall be corrected by the Contractor at no expense to the Construction Manager. 3.07 CLEAN-UP A. The Contractor shall be responsible for clean-up and removal of all debris, extra material, and equipment utilized for installation of the cathodic protection system. END OF SECTION DIVISION 26 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 SECTION 26 05 33.13 KELLER-HEVENLY WATER SYSTEM CONDUIT FOR ELECTRICAL SYSTEMS IMPROVEMENT PROJECT – PHASE 2 1 SECTION 26 05 33.13 CONDUIT FOR ELECRICAL SYSTEMS PART 1 – GENERAL 1.01 THE REQUIREMENT A. The Contractor shall provide electrical conduit systems, complete and in place, in accordance with the Contract Documents. 1.02 CONTRACTOR SUBMITTALS A. The Contractor shall submit Shop Drawings in accordance with Section 01 33 00 – Submittal Procedures. PART 2 – PRODUCTS 2.01 GENERAL A. Pull and junction boxes, fittings, and other indicated enclosures which are dedicated to the electrical system, shall comply with the requirements of this Section. 2.02 PVC SCHEDULE 40 CONDUIT (PVC-40) A. Manufacturers: 1. Cantex 2. Carlon 3. Or Equivalent B. PVC schedule 40 conduit (PVC-40) that meets the requirements of UL 651 Electrical Rigid Nonmetallic Conduit and ANSI/NFPA 70 National Electrical Code, Article 352. C. Conduits shall be rated for 90-degree C wiring and Sunlight resistant. D. Associated fittings shall meet the requirements of UL and ANSI C80 standards for the applicable raceway system. E. Furnish fittings and conduit bodies that meet the requirements of UL 651. 2.03 RIGID METAL CONDUIT AND TUBING (RMC) A. Manufacturers: 1. Wheatland Tube Company 2. Western Tube and Conduit 3. Republic Tubing MAY 2021 SECTION 26 05 33.13 KELLER-HEVENLY WATER SYSTEM CONDUIT FOR ELECTRICAL SYSTEMS IMPROVEMENT PROJECT – PHASE 2 2 4. Or Equivalent B. Rigid Metal (Steel) Conduit (RMC) that meets the requirements of UL 6 Electrical Rigid Metal Conduit - Steel, ANSI C80.1 - Electrical Rigid Steel Conduit (ERSC), and ANSI/NFPA 70 National Electrical Code, Article 344. C. Associated fittings shall meet the requirements of UL and ANSI C80 standards for the applicable raceway system. D. For Rigid Metal Conduit, furnish zinc-plated, threaded, malleable iron fittings and conduit bodies that meet the requirements of UL 514B Conduit, Tubing, and Cable Fittings, and ANSI/NEMA FB1 Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit, Electrical Metallic Tubing, and Cable. 2.04 ELECTRICAL UTILITY BOXES A. Electrical utility boxes shall be concrete 13 ¼” x 24 ½” with a steel checker plate cover. Boxes shall be Christy N30 Box with B30-61-D Steel checker plate cover, or equal. PART 3 – EXECUTION 3.01 LAYOUT A. Construction staking shall be per Section 01 71 23.16 – Construction Surveying. 3.02 TRENCH EXCAVATION, BEDDING, AND BACKFILL A. Perform trench excavation, bedding, and backfill in accordance with Section 31 23 00 – Excavation and Fill. 3.03 CONDUIT A. Joints shall be tight, thoroughly grounded, secure, and free of obstructions in the pipe. Conduit shall be adequately reamed to prevent damage to the wires and cables inside. Strap wrenches and vises shall be used to install conduit to prevent wrench marks on conduit. Conduit with wrench marks shall be replaced. B. Wherever conduit enters substructures below grade, the conduit shall be sloped to drain water away from the structure. Extreme care shall be taken to avoid pockets or depressions in conduit. C. Provide conduit seal fittings at the following locations: 1. In hazardous classified locations, in strict accordance with the NEC. 2. Where shown on the drawings. D. Conduit, fittings, and boxes required in hazardous classified areas shall be suitably rated for the area and shall be provided in strict accordance with NEC requirements. MAY 2021 SECTION 26 05 33.13 KELLER-HEVENLY WATER SYSTEM CONDUIT FOR ELECTRICAL SYSTEMS IMPROVEMENT PROJECT – PHASE 2 3 E. Empty conduits shall be tagged at both ends to indicate the final destination. Where it is not possible to tag the conduit, destination shall be identified by a durable marking on an adjacent surface. A pull-cord shall also be installed in each empty conduit. This shall apply to conduits in floors, panels, manholes, equipment, etc. END OF SECTION MAY 2021 SECTION 26 05 33.13 KELLER-HEVENLY WATER SYSTEM CONDUIT FOR ELECTRICAL SYSTEMS IMPROVEMENT PROJECT – PHASE 2 4 THIS PAGE LEFT INTENTIONALLY BLANK DIVISION 31 THIS PAGE LEFT INTENTIONALLY BLANK FEBRUARY 2021 SECTION 31 25 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE  EROSION AND SEDIMENTATION CONTROL 1 SECTION 31 25 00 EROSION AND SEDIMENTATION CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes: provision, installation and maintenance of temporary erosion control devices and vegetation protective fencing during construction and revegetation of disturbed areas after construction. B. Related Sections: 1. 01 50 00 - Temporary Facilities and Control 2. 31 23 19 - Dewatering 3. 31 20 00 - Earthwork PART 2 PRODUCTS 2.01 GENERAL A. Temporary erosion control measures include filter fabric fence and/or other approved sediment control barriers. PART 3 EXECUTION 3.01 GENERAL A. A pre-grading inspection attended by the District, TRPA, Lahontan and the Contractor is required prior to commencement of any grading activities. B. Erosion control work is subject not only to the approval of the Engineer, but also to the approval of both the TRPA and Lahontan representatives for the project. C. Erosion control measures shall be installed as shown on the Plans or as otherwise directed by the Engineer, TRPA or Lahontan. D. Filter fabric fence and/or sediment control barriers shall be properly installed and conscientiously maintained during the project and, if requested by the Engineer, shall be left in place after completion of construction. E. The Contractor shall locate material stockpiles away from drainages, upslope from excavations where practical, and generally so as to minimize erosion potential in the event of a storm. The Contractor shall have on hand plastic sheeting to cover small spoils piles during storms FEBRUARY 2021 SECTION 31 25 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE  EROSION AND SEDIMENTATION CONTROL 2 F. In addition to these requirements, the Contractor shall all times abide by and be in compliance with the requirements of the District’s Erosion Control Plan for Capital Improvement Projects (attached). 3.02 DISTURBED AREAS A. Grading and ground disturbance shall be limited to the areas of work as shown on the Plans. END OF SECTION DIVISION 33 THIS PAGE LEFT INTENTIONALLY BLANK 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 1 SECTION 33 13 00 WATER PIPELINE TESTING AND DISINFECTION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: flushing, testing and disinfection of all pipelines and appurtenances for water. B. Related Sections: 1. 33 14 13 - Water Distribution Piping 2. 33 14 19 - Water Valves 3. 33 14 17 - Water Service Connections 1.02 REFERENCES A. American Water Works Association (AWWA) 1. B300 Hypochlorites. 2. C200 Steel Water Pipe 6” in Diameter and Larger 3. C600 Installation of Ductile Iron Water Pipes and Their Appurtenances 4. C651 Disinfecting Water Mains.(attached) 5. C900 Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 In.-12 In. for Water Transmission and Distribution 6. C906 Polyethylene (PE) Pressure Pipe and Fittings, 4 In. (100 mm) through 63 in. (1,600 mm), for Water Distribution and Transmission. 1.03 CONTRACTOR SUBMITTALS A. Submittals shall be made in accordance with Section 01 33 00 Submittals Process. B. The following submittals and specific information shall be provided. 1. A testing schedule, including proposed plans for water conveyance, control, disposal, and disinfection, shall be submitted in writing for approval a minimum of 48 hours before testing is to start. 1.04 QUALITY ASSURANCE A. Comply with the Section 01 43 00 Quality Assurance. PART 2 PRODUCTS 2.01 MATERIALS REQUIREMENTS A. All test equipment, chemicals for disinfection, temporary valves, bulkheads, or other water control equipment and materials shall be determined and furnished by the 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 2 Contractor subject to the Engineer’s approval. No materials shall be used which would be injurious to the construction or its future function. B. Chlorine for disinfection shall be in the form of sodium hypochlorite solution only. Sodium hypochlorite shall be in accordance with the requirements of AWWA B300. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise provided herein, water for testing and disinfecting water pipelines will be furnished by STPUD; however, the Contractor shall make all necessary provisions for conveying the water from STPUD-designated source to the points of use. B. All pressure pipelines shall be tested. Disinfection shall be accomplished by chlorination and shall be completed by the contractor. All bacteriological testing operations shall be performed by District Laboratory Personnel in the presence of the Engineer and Contractor. C. Disinfection operations shall be scheduled by the Contractor as late as possible during the contract time period so as to assure the maximum degree of sterility of the facilities at the time the Work is accepted by the Engineer and the Inspector. Mains, services, and hydrants shall be tested at the same time. Bacteriological testing shall be performed by District Laboratory Personnel in the presence of the Engineer and Contractor. 3.02 HYDROSTATIC TESTING OF PIPELINES A. Pressure Test with Maximum Leakage Allowance for Steel, Ductile Iron, or PVC Pipe 1. All PVC, Ductile Iron, and Steel pressure pipe shall be tested for leakage per AWWA C200, C600, or C900 depending on pipe type, for a minimum duration of 2 hours at 150 psi and measured at the lowest point in the line. Any sections of the pipelines indicating more than the allowable leakage shall be repaired and retested until the leakage is less than the allowable indicated below. The leakage test shall be made after backfilling. Any visible leaks shall also be repaired. 2. Do not test sections longer than 2,000 ft. in total pipe length without prior approval of the Engineer. 3. Pressure test piping after completion of visible leaks test during water absorption period. 4. Accurately measure the makeup water necessary to maintain the pressure in the piping section under test during the pressure test period. 5. Successful completion of the pressure test with maximum leakage allowance shall have been achieved when the observed leakage during the test period is equal or less than the allowable leakage and no damage to piping and appurtenances has occurred. Calculate the allowable leakage by the following formula: 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 3 200,133 )**(PDSL Wherein the terms shall mean: L = Allowable leakage in gallons per hour. S = Length of the test section in feet. D = Nominal diameter of the piping in inches. P = Average observed test pressure in pounds per square inches, gauge, at the lowest point of the test section, corrected for elevation of the pressure gauge. B. Pressure Test with Maximum Leakage Allowance for HDPE Pipe 1. All HDPE pressure pipe shall be tested for leakage per AWWA C906. 3.03 DISINFECTING PIPELINES A. New Mains 1. General a. All equipment and pipelines intended to carry potable water shall be sterilized before placing in service. b. Disinfection and bacteriological testing of new mains shall be performed in accordance with the guidelines provided by AWWA C651, in addition to the standards written below. 2. Flushing a. Before disinfection, the Contractor shall ensure all foreign matter has been flushed from equipment and pipeline. b. Contractor shall provide hoses and temporary pipes as required to dispose of flushing water without damage to adjacent properties. c. Flushing velocities shall be at least 2.5 fps. For large diameter pipe where it is impractical or impossible to flush the pipe at 2.5 fps velocity, clean the pipeline in place from the inside by brushing and sweeping, then flush the line at a lower velocity. d. Water used for disinfection may be discharged into the District’s sanitary sewer manhole at the project site with prior approval of the Engineer. During any discharge into the District’s sewer system, the Contractor shall provide monitoring to assure against surcharging the system. 3. Additions to AWWA C651: a. Strict adherence to all sections of AWWA standard C651 is required. b. Section 4.1 of AWWA C651 shall be followed as written except that sodium hypochlorite is the only form of chlorine to be used for disinfection. c. Section 5.1.1 of AWWA C651 shall be followed as written except that at least two sample sets, obtained on successive days at a minimum of 24 hours apart, shall be collected from the new main and each branch. 1) A sample set consists of three samples for every 1,200 foot section of pipelines: one at the each end and one in the middle. An extra sample is needed for each additional 600 feet of pipe. 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 4 2) Water service lateral connections or dedicated sample ports should be used for sample taps. Samples must not be taken from fire hydrants, unless approved by the Engineer. 3) The sample tap should be flushed enough to clear the sample line and ensure that the sample is from the main. Sample taps should be installed at least one (1) foot above grade to prevent contamination from soil. d. A standard heterotrophic plate count (HPC) will be required. This sample will be drawn at the same time as the first sample set for coliforms. HPC must be less than 500 cfu per mL, in accordance with Section 5.1.4 of AWWA C651. 4. Disinfection and Testing Procedures: a. Charge and chlorinate the line in accordance with AWWA C651, as modified above. Record initial chlorine level in main. b. The chlorinated water shall be retained in the pipeline for at least 24- hours. If water temperature is less than 5 degrees C, the time required for the chlorinated water to remain in the pipeline shall be no less than 48-hours. c. All valves and hydrants in the treated section shall be operated during the 24-hour chlorination period to disinfect the appurtenances. d. At the end of the 24-hour period (or 48-hour period as required in Part 3.03.A.4.a, above), the treated water in all portions of the main shall be tested by District laboratory personnel and found to have a residual of not less than 10 mg/L free chlorine. e. Before bacteriological sampling, the main shall be flushed so that the total chlorine residual is no greater than that currently in the water distribution system. f. Samples for bacteriological and HPC testing shall be collected by District laboratory personnel. g. After 24-hours, a second set of samples for bacteriological testing shall be collected by District laboratory personnel. 5. The new main shall be approved as disinfected when all of the following have been achieved: a. All bacteriological tests on two successive days must be negative for total coliform organisms. b. HPC is found to be less than 500 cfu per mL, in accordance with Section 5.1.4. 6. Scheduling a. The time required for completing the disinfection and bacteriological testing is at least 4 days and can require up to 6 days, even if test results are acceptable on the first try. b. If the test results show the presence of coliform organisms, more time will be required for further disinfection and testing. c. Flushing of the disinfected water main may take considerable time and should be considered in scheduling work. d. The laboratory should be notified at least 24-hours prior to initial disinfection. e. The Contractor shall provide personnel to assist the District lab personnel to obtain samples. 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 5 B. Repaired Mains, including system interties: The disinfection and bacteriological testing of repaired water mains shall be performed in accordance with the guidelines provided by AWWA C651 and the additions that are written below. 1. All repairs performed by the Contractor, shall be coordinated with the Engineer 2. New pipe segments and fitting shall be swabbed with sodium hypochlorite, as well as the exposed ends of the repaired section. 3. Schedule lab to take tests within 24 hours. Continue until two (2) consecutive negative samples are collected. Corrective action by the contractor may be required and could include flushing, charging, slug chlorination and/or additional repairs at the direction of the Engineer. END OF SECTION 5/13/2021 SECTION 33 13 00 KELLER-HEAVENLY WATER SYSTEM IMPROVEMENTS PROJECT - PHASE 2 WATER PIPELINE TESTING AND DISINFECTION 6 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 1 SECTION 33 16 23 FACTORY POWDER COATED BOLTED STEEL TANK PART 1 – GENERAL 1.01 SCOPE This specification covers the furnishing of all labor, material, equipment, tools, services A. and erection of a Factory Powder Coated Bolted Steel water storage tank as shown on the plans and specified herein. The bolted steel tank shall conform to the requirements of American Water Works B. Association (AWWA) D103-19 Standard for Factory-Coated Bolted Carbon Steel Tanks for Water Storage. 1.02 CONTRACTOR SUBMITTALS Shop Drawings: Submit shop drawings of the bolted steel reservoir and all accessories A. for review and approval by the engineer prior to beginning any related shop fabrication or erection. Include sufficient data to show that the reservoir and accessories conform to the requirements to these Specifications. Submittals shall include: 1. Design calculations, signed by a civil or structural engineer registered in the State of California. 2. Fabrication and erection drawings and details for the reservoir and all accessories. 3. Certified mill tests on steel plate and structural members demonstrating that the physical and chemical requirements of this Specification have been met. PART 2 – PRODUCTS 2.01 GENERAL DESCRIPTION The Manufacturer shall furnish, erect and test the tank, as required by AWWA.D103-19. A. The Manufacturer shall be completely responsible for the construction and satisfactory performance of the tank during the guarantee period. The tank shall conform to AWWA 0103-19, to the latest edition Building Code, and to the requirements of the plans and these Specifications. The supplier shall submit for approval complete and detailed plans for the tank and appurtenances. The Factory Powder Coated, bolted steel tank shall have an actual capacity of 150,000 B. gallons. It shall have a nominal diameter of 31’0” and a nominal height of 30’6” (assumes 4’ freeboard). The Tank Manufacturer or Tank Engineer shall verify the nominal tank height based on seismic sloshing. A cone roof, sloped to drain toward the shell, shall be provided. Provide the reservoir complete with all pipe connections, MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 2 access openings, nozzles, taps, drains, ladders, vent, and other accessories as shown on the plans or required herein. 2.02 DESIGN DATA The following data and information are supplied as a basis for design and erection of the A. tank and appurtenances per AWWA D-103: 1. Tank Capacity & Dimensions a. Actual Capacity 150,000 gallons b. Nominal Inside Diameter 31’0” c. Nominal Tank Height 30’6” (w/ 4’ freeboard*) * Refer to Subpart 2.01, paragraph B. 2. Seismic Design Criteria a. Seismic Use Group III b. Seismic Importance Factor, IE 1.50 c. Site Class C d. Ss (for Site Class B) 1.472 g e. S1 (for Site Class B) 0.522 g f. Fa 1.2 g. Fv 1.478 3. Design Wind Loading a. Design Wind Speed, V 130 mph b. Gust Factor, G 1.0 c. Importance Factor, I 1.15 d. Exposure Category C 4. Roof Design Loading a. Roof Live Load 25 lb/ft2 b. Ground Snow Load 150 lb/ft2 5. Liquid to be stored Potable water 6. Allowable Soil Bearing Pressure 4,500 psf (Dead loads plus full time live loads) 7. Allowable Soil Bearing Pressure 6,000 psf (Dead loads plus live loads, plus transient wind, or seismic loads) MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 3 2.03 MATERIALS Plates and Sheets. Plates and sheets shall conform to appropriate ASTM designation as A. set forth in Section 4.4, AWWA D103-09, and shall have a minimum yield strength of 30,000 psi. Structural Shapes. Structural shapes shall conform to the requirements and ASTM B. designations of AWWA D103-09 section 4.5 Bolts. Tank joint bolting shall be minimum ½” diameter, shall meet the requirements of C. AWWA D103-09 section 4.2.1. and have tensile strength of at least 120,000 pounds per square inch. Gaskets and Sealant. All gaskets and sealants used on this tank shall conform to the D. requirements of AWWA D103-09 section 4.10. 2.04 ACCESSORIES Shell Manhole: Provide a 30” steel reinforced shell manhole located as shown on the A. drawings. The center of the manhole shall be located 30 inches above the bottom of the tank. Shell Cleanout Opening: Provide a 12” x 12” steel reinforced square opening with B. removable face plate that extends a minimum of 3” beyond the concrete foundation and flush with the bottom of the tank floor as shown on the drawings. Sample Tap and Transducer Port: Provide an 18” x 18” square opening with a hinged C. 3/8” flanged steel plate cover. Include 1” rigid insulation foam glued to cover and 1/8” thick neoprene gasket glued to plate. The steel reinforced opening shall extend a minimum of 5” past tank shell to the outside of tank and extend a minimum of 25” to the inside of tank as shown on the drawings. Provide penetrations for sample tap, pressure transducer and conduit as detailed on drawings. Pipe Connections: D. 1. Provide inlet nozzle, outlet nozzle, and overflow outlet as shown on the plans. Pipe assemblies shall be epoxy lined and coated for corrosion protection as specified in Section 40 05 11 paragraph 2.05. Overflow pipe: Provide steel internal overflow pipe, internal weir box, if required, and E. supports as shown on the plans. Overflow pipe assembly shall be epoxy lined and coated for corrosion protection as specified in Section 40 05 11 paragraph 2.05. Ladders: F. 1. Provide a galvanized steel welded exterior ladder with backguard and cable safety climb assembly (“LadSaf” or approved equal) as shown on the plans. The ladder shall have a lockable closure at the bottom and anti-climb cage. MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 4 2. Provide a stainless steel welded interior ladder with cable safety climb assembly (“LadSaf” or approved equal). Ladder brackets shall include 7/32” diameter hole for magnesium rod anodes where shown on drawings. 3. Provide a landing platform and railing system adjacent to tank roof that is consistent with all OSHA regulations as indicated on the plans. Conduit and control panel supports: Provide supports for conduits and future control G. panel on exterior tank wall, Unistrut or approved equal. Include “anti-climb” assembly attached to exterior of tank wall as shown on drawings. Gaskets and sealants shall meet or exceed AWWA, FDA, and EPA standards for potable H. water. Anchor bolts and stirrups, if required, to be furnished by the tank manufacturer. I. Cathodic Protection Provisions: Provide 2”x2”x1/4” angle iron brackets for magnesium J. rod anode assembly where shown on drawings. 6 brackets each on tank floor and wall. PART 3 – EXECUTION 3.01 PROTECTIVE COATING General: All metal plates, supports, members and miscellaneous parts, except bolts, A. shall be Factory Powder Coated in accordance with AWWA D103, Section 12.6 and this Section. Field coating, other than touch-up, will not be permitted. Surface Preparation: B. 1. All steel surfaces shall be shot blasted to equivalent of a SP 10 or better near white metal finish. The surface anchor pattern shall be no less than 1.5 mils. 2. Spray a final Deionized water rinse with Silica-Zirconium (Si-Zr) sealer to prevent rusting prior to the powder coating application and provide additional level of corrosion protection 3. All steel surfaces shall drip dry for seven (7) minutes prior to entering the dry off oven for eight (8) minutes at 425 degrees F. Coating: C. 1. All interior steel surfaces, support members and miscellaneous parts shall receive 5 mils minimum dry film thickness using Dupont/Axalta "Tank Tan" (An NSF 61 Approved, Thermal Set Epoxy Powder Coating). Dry film thickness will be tested as per SSPC-PA 2 Level 1 with no averaging. 2. All exterior steel surfaces, support members and miscellaneous parts shall receive minimum 2 mils dry film thickness “Tank Tan” primer under 3 mils minimum dry film thickness using Dupont "Superior Sand" (A Thermal Set TGIC-Polyester Powder Coating), for a total of 5 mils. Dry film thickness will be tested as per SSPC-PA 2 Level 1 with no averaging. MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 5 3. After erection, the interior lining on the shell and floor will be holiday tested as per NACE SPO-188. 4. NOTE: Painted, uncoated, or glass lined bolted tanks and FRP tanks are not considered equal. 3.02 CONSTRUCTION Field erection of Factory Powder Coated bolted steel tanks shall be in strict compliance A. with manufacturer's recommendations and performed by manufacturer's employees or certified erection crew to alleviate any potential disputes in coating quality or erection thereof. Particular care shall be exercised in handling and bolting of the tank plates, supports, and members to avoid abrasion or scratching the coating. Prior to placing water in the tank, a "holiday" inspection of the entire tank, corners included, will be provided and performed by the manufacturer in the presence of the owner. Touch-up coating shall be done per the manufacturer's recommendations where needed and as directed to achieve 100% holiday-free surface. 3.03 TESTING AND INSPECTION A. DISINFECTION: 1. Upon completion of reservoir painting, and after the final coat has dried and cured, the reservoir shall be cleaned and disinfected in accordance with AWWA C652 chlorination method 2 or 3. Water for disinfection will be provided by the District. The Contractor shall schedule disinfection of the reservoir to coincide with water availability. 2. Prior to disinfection, all interior surfaces shall be washed with clean water using a high- pressure water blaster. All water, dirt, and foreign material accumulated in this cleaning operation shall be discharged from the tank. 3. Disposal of chlorinated water shall be through the tank drain after de-chlorination and in accordance with South Tahoe Public Utility District NPDES permit requirements. B. TESTING FOR BACTERIA, TURBIDITY, AND VOLATILE ORGANIC CONSTITUENTS: Following disinfection of the tank, a 5-day soak test shall be completed in the following sequence: 1. Contractor shall fill the tank to the overflow level with water having a free chlorine residual equal to the distribution system background level, plus or minus 0.1 mg/L. Potable water for the first test will be provided by the District at no cost to the Contractor. 2. Water shall be allowed to stand for a 5-day soaking period. 3. On the fourth day of the 5-day soaking period, the District will collect water samples and transport them to a certified laboratory approved by the State of California MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 6 Department of Public Health to test for the following constituents: coliform, heterotrophic plate count, and turbidity. The results of the testing should demonstrate (1) the absence of coliform organisms and (2) a heterotrophic plate count concentration less than or equal to 500 cfus/mL. To collect the water samples, the roof access hatch and bottom sample port must be easily accessible. The District will be responsible for the costs associated with the laboratory analytical testing. 4. On the fifth day of the 5-day soaking period, the District will collect water samples and transport them to a certified laboratory approved by the State of California Department of Public Health to test for the following constituents: coliform, heterotrophic plate count, turbidity, and volatile organic compounds. The results of the testing should demonstrate (1) the absence of coliform organisms, (2) a heterotrophic plate count concentration less than or equal to 500 cfus/mL, and (3) concentrations of the volatile organic compounds less than the action levels recommended by the State of California Department of Public Health. To collect the water samples, the roof access hatch and bottom sample port must be easily accessible. The District will be responsible for the costs associated with the laboratory analytical testing. 5. If the results from the laboratory analytical testing are deemed acceptable, then the water can remain in the tank for service. If coliform organisms are detected or a heterotrophic plate count concentration is greater than 500 cfus/mL, then the water in the tank shall be chlorinated and retested until satisfactory results are obtained. Retesting if required shall be at the Contractor's expense. This process shall continue until the sample passes. The District will deduct the cost of water used to refill the tank from progress payments due the Contractor. The cost of the water will be $2.12 per 100 cubic feet per occurrence. If the concentrations of the volatile organic contaminants exceed the action levels recommended by the State of California Department of Public Health, the Contractor shall drain the tank, cure and force-ventilate the tank for a minimum of 10 days, disinfect, refill, allow to soak, and retest at his expense. This process shall continue until the sample passes. The District will deduct the cost of water used to refill the tank from progress payments due the Contractor. The cost of the water will be $2.12 per 100 cubic feet per occurrence. C. LEAK TEST The tanks shall be leakage tested prior to connecting any permanent piping. Testing shall be by filling the tanks to the overflow elevation using water. The water shall be allowed to remain in the tanks for at least 48 hours. During that time no leakage will be allowed. Any leakage shall be considered as cause of failure of the test. All leaks shall be repaired by the Contractor in strict accordance with the manufacturers' written instructions or the tank shall be replaced with a new tank meeting these specifications at no additional cost to the District. After repair of the leak (or tank replacement), the leakage test shall be repeated. This procedure shall be repeated until a successful test is achieved. MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 7 3.04 WARRANTY The tank manufacturer shall warrant the tank against any defects in workmanship and A. materials for a period of one (1) year from the date of acceptance. In the event any such defect should appear, it should be reported in writing to the manufacture during the warranty period. END OF SECTION MAY 2021 SECTION 33 16 23 KELLER-HEAVENLY WATER SYSTEM FACTORY POWDER COATED BOLTED STEEL TANK IMPROVEMENT PROJECT – PHASE 2 8 THIS PAGE LEFT INTENTIONALLY BLANK DIVISION 40 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 SECTION 40 05 02 Keller-Heavenly Water System Improvements Project – Phase 2 PIPING CONNECTIONS 1 SECTION 40 05 02 PIPING CONNECTIONS PART 1--GENERAL 1.01 DESCRIPTION This section specifies the following methods of connecting metallic piping: flanges and welding. 1.02 REFERENCES This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ANSI B16.5 Pipe Flanges and Flanged Fittings ANSI B18.2.1 Square and Hex Bolts and Screws Inch Series ANSI B18.2.2 Square and Hex Nuts (Inch Series) ASTM B98 Copper-Silicon Alloy Rod, Bar and Shapes ASTM F37 Standard Test Methods for Sealability of Gasket Materials ASTM F104 Standard Classification System for Nonmetallic Gasket Materials ASTM F152 Standard Test Methods for Tension Testing of Nonmetallic Gasket Materials ASTM F593 Stainless Steel Bolts, Hex Cap Screws, and Studs MAY 2021 SECTION 40 05 02 Keller-Heavenly Water System Improvements Project – Phase 2 PIPING CONNECTIONS 2 Reference Title AWWA C206 Field Welding of Steel Water Pipe AWWA C207 Steel Pipe Flanges for Waterworks Service-Size 4 in. through 144 in. AWWA M11 Steel Pipe-A Guide for Design and Installation NSF 61 Drinking Water System Components - Health Effects PART 2--PRODUCTS 2.01 FLANGE ASSEMBLIES A. FLANGES: 1. GENERAL: Flanges shall either be flat flanges as specified in the following paragraphs. 2. FLAT FLANGES: Class 150 and Class 300 forged steel flanges shall be raised face conforming to ANSI B16.5. Lightweight slip-on flanges shall be plain face conforming to AWWA C207, Class B and ANSI B16.5. Unless otherwise specified, steel flanges shall be ANSI B16.5, Class 150 or AWWA C207, Class D. Plain faced flanges shall not be bolted to raised face flanges. B. GASKETS: Flange gaskets shall be full faced, compressed non-asbestos 1/16-inch thick. Gaskets for plain faced flanges shall be the full face type. Thickness shall be 1/16 inch for pipe 10 inches and less in diameter and 1/8 inch for pipe 12 inches and larger in diameter. Unless otherwise specified, gaskets for raised face flanges shall match the raised face and shall be 1/16 inch thick for pipe 3-1/2 inches and less in diameter and 1/8 inch thick for pipe 4 inches and larger. C. BOLTS: Flange assembly bolts shall be ANSI B18.2.1 standard square or hexagon head bolts with ANSI B18.2.2 standard hexagon nuts. Threads shall be ANSI Bl.1, standard coarse thread series; bolts shall be Class 2A, nuts shall be Class 2B. Bolt length shall conform to ANSI B16.5. Unless otherwise specified, bolts shall be carbon steel machined bolts with hot pressed hexagon nuts. Bolts for submerged service shall be made of Type 316 stainless steel in conformance with ASTM F593, marking F593F. Nuts for submerged service shall be made of copper-silicon alloy bronze conforming to ASTM B98, alloy C65100, designation H04 or alloy C65500, designation H04. Bolts and nuts for buried service shall MAY 2021 SECTION 40 05 02 Keller-Heavenly Water System Improvements Project – Phase 2 PIPING CONNECTIONS 3 be made of noncorrosive high-strength, low-alloy steel having the characteristics specified in ANSI/AWWA C111/A21, regardless of any other protective coating. Where washers are required, they shall be of the same material as the associated bolts. D. COATINGS: Protective coating shall be as specified in Section 40 05 11 paragraph 2.05. For buried applications exterior coating shall also include both of the following. 1. Petrolatum wrap tape consisting of plastic fiber felt saturated with petrolatums, plasticizers, and corrosion inhibitors. a. Trenton No. 1 Wax Tape (Trenton Corporation) b. Or equal. 2. “Rock Shield” type material a. Trenton Guard Wrap (Trenton Corporation) b. Poly-ply (Trenton Corporation) c. Or equal. PART 3--EXECUTION 3.01 PIPE WELDING Welds for piping systems shall be made in accordance with AWWA C206. **END OF SECTION** MAY 2021 SECTION 40 05 02 Keller-Heavenly Water System Improvements Project – Phase 2 PIPING CONNECTIONS 4 THIS PAGE LEFT INTENIONALLY BLANK MAY 2021 SECTION 40 05 11 Keller-Heavenly Water System Improvement Project – Phase 2 STEEL PIPE 1 SECTION 40 05 11 STEEL PIPE PART 1--GENERAL 1.01 DESCRIPTION This section specifies steel pipe and fittings. 1.02 QUALITY ASSURANCE A. REFERENCES: This section contains references to the following documents. They are a part of this section as specified and modified. Where a referenced document contains references to other standards, those documents are included as references under this section as if referenced directly. In the event of conflict between the requirements of this section and those of the listed documents, the requirements of this section shall prevail. Unless otherwise specified, references to documents shall mean the documents in effect at the time of Advertisement for Bids or Invitation to Bid (or on the effective date of the Agreement if there were no Bids). If referenced documents have been discontinued by the issuing organization, references to those documents shall mean the replacement documents issued or otherwise identified by that organization or, if there are no replacement documents, the last version of the document before it was discontinued. Where document dates are given in the following listing, references to those documents shall mean the specific document version associated with that date, regardless of whether the document has been superseded by a version with a later date, discontinued or replaced. Reference Title ANSI B16.3 Malleable Iron Threaded Fittings, Class 150 and 300 ANSI B16.9 Factory-Made Wrought Steel Buttwelding Fittings ANSI B16.11 Forged Steel Fittings, Socket-Welding and Threaded ASTM A36/A36M Structural Steel ASTM A47 Ferritic Malleable Iron Castings ASTM A53 Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless ASTM A105/A105M Forgings, Carbon Steel, for Piping Components MAY 2021 SECTION 40 05 11 Keller-Heavenly Water System Improvement Project – Phase 2 STEEL PIPE 2 Reference Title ASTM A106 REV A Seamless Carbon Steel Pipe for High-Temperature Service ASTM A197 Cupola Malleable Iron ASTM A234/A234M Pipe Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and Elevated Temperatures ASTM A283/A283M REV A Low and Intermediate Tensile Strength Carbon Steel Plates, Shapes and Bars ASTM A536 Ductile Iron Castings ASTM A570/A570M Hot-Rolled Carbon Steel Sheet and Strip, Structural Quality ASTM A572/A572M REV B High Strength Low Alloy Columbium-Vanadium Steels of Structural Quality AWWA C200 Steel Water Pipe 6 Inches and Larger AWWA C205 Cement-Mortar Protective Lining and Coating for Steel Water Pipe--4 In. and Larger-- Shop Applied AWWA C206 Field Welding of Steel Water Pipe AWWA C207 Steel Pipe Flanges for Waterworks Services--Sizes 4 In. Through 144 In. AWWA C208 Dimensions for Fabricated Steel Water Pipe Fittings AWWA C209 Cold-Applied Tape Coating for Special Sections, Connections, and Fittings for Steel Water Pipelines AWWA C210 Liquid Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipe AWWA C214 Tape Coating Systems for the Exterior of Steel Water Pipelines AWWA C600 Installation of Ductile-Iron Water Mains and Their Appurtenances AWWA M11 Steel Pipe--A Guide for Design and Installation SSPC-SP10 Near-White Blast Cleaning B. TESTING: Factory testing shall conform to the requirements of AWWA C200. MAY 2021 SECTION 40 05 11 Keller-Heavenly Water System Improvement Project – Phase 2 STEEL PIPE 3 PART 2--PRODUCTS 2.01 PIPE MATERIALS Steel pipe and fittings shall be provided in accordance with AWWA C200. Steel for pipe fabricated to meet requirements of AWWA C200 shall conform to the requirements of ASTM A36 or ASTM A572, Grade 42. 2.02 PIPE MANUFACTURE AWWA C200 pipe shall be straight or spiral seam. The minimum wall thickness shall be 7 gage for pipe 6 inch through 24 inch diameter and 1/4 inch for pipe 26 inch diameter and larger. Increased shell thickness shall be provided where specified. 2.03 CONNECTIONS Connections shall conform to Section 40 05 02. Coating for buried connections shall be as specified in paragraph 40 05 02-2.01. 2.04 FITTINGS Fittings shall be steel and shall conform to ASTM A36 or A572 Grade 42. Fittings shall conform to AWWA C200 and AWWA C208, except where specific dimensions are called out on the Plans. Steel fittings shall be designed in accordance with AWWA Manual M11. Fittings shall be heated and cured in accordance with the manufacturer's recommendation. Fittings and headers fabricated from steel pipe require hydrostatic testing. 2.05 LINING AND COATING Steel pipe and fittings shall be coated inside and outside with a 100% solids, thermosetting, fusion bonded dry powder epoxy resin (Scotchkote No. 206-N as manufactured by 3M Company, or equal). Application shall be by the fluidized bed method. Coating thickness shall be at least 10 mils DFT. Surface preparation shall include grinding of all irregularities, welds, and weld splatter and blasting to a near white surface in accordance with Steel Structures Painting Council (SSPC) Guidelines (SP-10). 2.06 PRODUCT DATA The following information shall be provided in accordance with Section 01 33 00: 1. Affidavits of Compliance with AWWA C200. PART 3--EXECUTION MAY 2021 SECTION 40 05 11 Keller-Heavenly Water System Improvement Project – Phase 2 STEEL PIPE 4 3.01 INSTALLATION A. GENERAL: Pipe shall be installed in accordance with AWWA M11, Chapter 16. Welded joints shall be in accordance with AWWA C206 and Section 40 05 02. 3.02 TESTING Hydrostatic testing shall be in accordance with Section 4 of AWWA C600. **END OF SECTION** MAY 2021 SECTION 40 05 33.03 Keller-Heavenly Water System Improvement Project – Phase 2 FLEXIBLE DUCKBILL CHECK VALVES 1 SECTION 40 05 33.03 FLEXIBLE DUCKBILL CHECK VALVE PART 1--GENERAL 1.01 DESCRIPTION This section specifies flexible duckbill check valves with cast iron flanged bodies. 1.02 QUALITY ASSURANCE A. REFERENCES: This section contains references to the following document. It is a part of this section as specified and modified. In case of conflict between the requirements of this section and those of the listed document, the requirements of this section shall prevail. Reference Title ASTM A1418- 85 Rubber and Rubber Latices - Nomenclature ASTM A126-84 Gray Iron Castings for Valves, Flanges and Pipe Fittings B. FACTORY TESTS: Manufacturer shall have performed hydraulic tests on valves through 48” for flow capacity, headloss, and jet velocity at an accredited flow laboratory. Manufacturer shall provide test data upon request. C. EXPERIENCE Supplier shall have at least fifteen (15) years experience in the manufacture of “duckbill” style elastomeric valves, and shall provide references and a list of installations upon request. MAY 2021 SECTION 40 05 33.03 Keller-Heavenly Water System Improvement Project – Phase 2 FLEXIBLE DUCKBILL CHECK VALVES 2 PART 2--PRODUCTS 2.01 ACCEPTABLE PRODUCTS Flexible duckbill check valve shall be Tideflex Technologies Tideflex Series 35, modified as needed to meet the requirements of this specification. The engineer knows no equal. 2.02 MATERIALS Materials of construction shall be as follows: Component Material Valve body Cast iron, ASTM A126, Class B Flanges ANSI 150 pound standard Check sleeve EPDM 2.03 EQUIPMENT Valves shall be provided with flanged joint ends on both the check sleeve and the metal body. Port areas shall be at least 100 percent of the mating pipe port area. The port area shall contour down to a duckbill which shall allow passage of primary effluent in one direction of flow and prevent reverse flow. The flexible duckbill sleeve shall be one-piece construction with the flanged drilled to ANSI 150-pound standard. The sleeve shall close positively without backflow pressure. Valve body shall be two-piece split body construction and fully rubber lined. The two halves shall be sealed by diamond shaped cross section rubber gasket permanently locked by a groove in the valve body. The rubber lining shall be penetrated only in the vent area. The duckbill valves shall be NSF61 certified. NSF61 approved/certified materials will not be accepted in lieu of valve certification. The elastomer used in construction of the duckbill valves must have been tested by an accredited independent laboratory that confirmed there is no degradation in the elastomer when exposed to chlorine and chloramine per the ASTM D471-98 “Standard Test Method for Rubber Property – Effect of Liquids.” Inlet ports/nozzles shall have a variable diameter vs. flow hydraulic profile that provides a non-linear jet velocity vs. flow characteristic and a linear headloss vs. flow characteristic. The hydraulic characteristics of the duckbill valves shall be defined by “Hydraulic Code”. MAY 2021 SECTION 40 05 33.03 Keller-Heavenly Water System Improvement Project – Phase 2 FLEXIBLE DUCKBILL CHECK VALVES 3 The inlet ports/nozzles shall discharge an elliptically shaped jet. The nozzle must have been modeled by an independent laboratory using Laser Induced Fluorescence (LIF). Manufacturer shall have conducted independent hydraulic testing to determine headloss and jet velocity characteristics on a minimum of eight (8) sizes of duckbill valves ranging from 2” through 48”. The testing must include multiple constructions (stiffness) within each size and must have been conducted for free discharge (discharge to atmosphere) and submerged conditions. Manufacturer shall have conducted an independent hydraulic test where multiple valves (at least four) of the same size and construction (stiffness) were tested to validate the submitted headloss characteristics and to prove the repeatability of the manufacturing process to produce the same hydraulic characteristics. Manufacturer shall have conducted independent hydraulic testing to study the flow distribution characteristics of duckbill valves installed on multiport manifolds. Manufacturer to have conducted Finite Element Analysis (FEA) on various duckbill valves to determine deflection, stress, and strain characteristics under various load conditions. Modeling must have been done for flowing conditions (positive differential pressure) and reverse differential pressure. Manufacturer must have conducted in-house backpressure testing on duckbill valves ranging from ¾” to 48”. Manufacturer must have duckbill valves installed on manifold piping systems in at least 100 distribution system reservoirs. The duckbill style nozzles shall be one-piece elastomer matrix with internal fabric reinforcing designed to produce the required discharge velocity and minimum headloss requirements. The flange portion shall be an integral portion of the nozzle with fabric reinforcing spanning across the joint between the flange and nozzle body. The manufacturer’s name, plant location, serial number and product part number which designates nozzle size, material and construction specifications shall be bonded onto the surface of the nozzle. Valves are to be manufactured in the U.S.A. 2.04 PRODUCT DATA Manufacturer's product data shall be provided in accordance with Section 01 33 00. Operating and maintenance information shall be provided including overhaul instructions and parts' lists. MAY 2021 SECTION 40 05 33.03 Keller-Heavenly Water System Improvement Project – Phase 2 FLEXIBLE DUCKBILL CHECK VALVES 4 PART 3--EXECUTION Flexible duckbill check valve shall be installed in accordance with the manufacturer's recommendations. **END OF SECTION** DIVISION 43 THIS PAGE LEFT INTENTIONALLY BLANK MAY 2021 SECTION 43 41 26 KELLER-HEAVENLY WATER SYSTEM ALUMINUM ROOF IMPROVEMENT PROJECT – PHASE 2 1 SECTION 43 41 26 ALUMINUM ROOF PART 1 - GENERAL 1.01 THE REQUIREMENT A. Contractor shall design, fabricate, erect, and test an aluminum triangulated frame cone roof for the steel tank complete and in place, in accordance with the contract documents. B. The Work includes exterior painting, which shall be provided in accordance with this Section. C. The Work includes new steel shell and tension towers to prepare for erection of the aluminum roof. D. The aluminum roof shall be in accordance with the requirements of AWWA D108-19 - Aluminum Dome Roofs for Water Storage, as modified and supplemented herein. E. Aluminum roofs shall be provided by constructors that have experience and are regularly engaged in the design, fabrication, and erection of aluminum triangular frame roofs for water reservoirs and that have a record of at least three (3) successful installation within the last five (5) years of a similar project. Contractor shall provide project references which demonstrate the successful experience, including names, addresses, and telephone numbers of contact persons for the owner. 1.02 RELATED SECTIONS Section 33 16 23 – Bolted Steel Tank 1.03 REFERENCED DOCUMENTS A. The following documents are referenced in this Section. AAMA 2605-13 Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels (with Coil Coating Appendix) AASHTO Division 2 Section 25 Elastomeric Bearings ACI 350.3-06 Seismic Design of Liquid- Containing Concrete Structures and Commentary MAY 2021 SECTION 43 41 26 KELLER-HEAVENLY WATER SYSTEM ALUMINUM ROOF IMPROVEMENT PROJECT – PHASE 2 2 Aluminum Association Aluminum Association, Aluminum Design Manual Specification for Aluminum Structures Specifications and Guidelines for Aluminum Structures ASCE 7-10 Minimum Design Loads for Buildings and Other Structures ASCE 8-02 Design of Cold-Formed Stainless Steel Structural Members ASTM B449 Chromates on Aluminum ASTM C509 Elastomeric Cellular Preformed Gasket and Sealing Material ASTM C920 Elastomeric Joint Sealant ASTM C1115 Dense Elastomeric Silicone Rubber Gaskets and Accessories ASTM D1730 Preparation of Aluminum and Aluminum-Allow Surfaces for Painting ASTM F593 Stainless Steel Bolts, Hex Cap Screws, and Studs AWS D1.2 Structural Welding Code- Aluminum AWWA D103-19 Factory-Coated Bolted Carbon Steel Water Storage Tanks AWWA D108-19 Aluminum Dome Roofs for Water Storage Facilities Federal Specification A-A- 59588 Rubber, Silicone Federal Specification TT-S- 00230C Sealing Compound: Elastomeric Type, Single Component NSF Standard 61 Drinking Water System Components - Health Effects 1.04 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 – Submittal Procedures. B. Submittals shall contain the following information. 1. Design calculations and fabrication drawings shall be signed and sealed by a professional engineer registered in the state of California 2. Fabrication and assembly shop drawings for the roof, fittings, and temporary supports for construction 3. Details of bolted and welded joints 4. Sequences and methods for fitting and assembly of the roof at the site 5. Mill test reports for metal materials MAY 2021 SECTION 43 41 26 KELLER-HEAVENLY WATER SYSTEM ALUMINUM ROOF IMPROVEMENT PROJECT – PHASE 2 3 6. Weld procedure qualifications 7. Welding operator qualifications 8. Catalog information, data sheets, and drawings of appurtenances 9. Manufacturers product data and application instructions for coatings 1.05 QUALITY ASSURANCE A. Contractor shall provide quality assurance services as required by AWWA D108. B. Inspection and Testing 1. Following field erection each roof shall be tested in accordance with AWWA D108. PART 2 - PRODUCTS 2.01 DESIGN REQUIREMENTS A. Roof System 1. The roof shall consist of low-profile, column-supported aluminum structural members that support a triangulated frame with light gauge aluminum panels to form a watertight roof under all design load and temperature conditions. The members shall be joined by means of bolting their flanges to aluminum gusset plates. 2. The triangulated frame, closure panels, and panel sealing system shall be a standard design of the Supplier that has a successful record of use as a watertight enclosure for water reservoirs. 3. All metal components of the aluminum roof structure shall be aluminum or stainless steel. No galvanized, aluminized, painted, or plated steel shall be used anywhere in the roof. 4. All edges of the aluminum panels shall be covered, sealed, and firmly clamped in an interlocking design to anchor and seal the panels to the triangulated frame members and prevent slipping and disengagement under all load conditions and temperature change cycles. a. The aluminum closure panels shall be attached continuously along their edges to the frame members by means of batten bars which engage the panels in an interlocking joint. b. The batten bars shall also secure elastomeric gaskets that shall form a continuous watertight seal along the panel edges. Designs that incorporate overlapping panels and/or designs that incorporate fasteners which penetrate panels and attach to structural members shall not be provided. MAY 2021 SECTION 43 41 26 KELLER-HEAVENLY WATER SYSTEM ALUMINUM ROOF IMPROVEMENT PROJECT – PHASE 2 4 5. The periphery of the roof shall be provided a connection system to the perimeter beams that provides for differential thermal movement between the roof and beam. The connection shall include a sealing system between the roof and beam that prevents migration of moisture in both directions and infiltration of contaminants into the reservoir. B. Structural members and connections shall be designed and fabricated in accordance with the loading conditions specified in this Section. The connections between structural members shall be designed as moment connections, with a minimum of four bolts used at each node joint for each member. C. Extruded structural members for the triangulated frame shall have section details as required for connection with the roof panels. D. General Design 1. Roof dimensions and elevations shall be as indicated on Drawings. 2. If specific component thicknesses or sizes are indicated, they shall be regarded as minimum acceptable values. Compare the indicated thicknesses and sizes to those required by this Section and AWWA D108 and provide the greater values. 3. Provide guardrails, platforms, access hatches, and vents as indicated and in accordance with applicable Laws and Regulations as a minimum. 4. Roof design features, loads, and criteria shall be as indicated in the following table. Use higher values or more severe loading conditions where applicable Laws and Regulations require. OCTOBER 2020 SECTION 01 36 40 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 5 COMPONENT ITEM DESCRIPTION/ VALUE Steel Tank Size, diameter x height in feet (shell) 31x 30.72+/- Shell top height, feet above reservoir floor 30.72 (To be verified by Tank Manufacturer) Maximum water level, feet above reservoir floor 26.5 Freeboard, feet, to shell top 4.22 (To be verified by Tank Manufacturer) Freeboard, feet, to roof 3.72 New Roof Cover Design standard AWWA D108-10 (Aluminum) Roof rise at center, feet above top of shell (To be verified by Roof Manufacturer) Roof design live load, pounds/square foot 20 (Reducible) Roof snow load, pounds/square foot 150 (Reducible) Deflection limit for roof members under total load Under total load Span/120 Under live load Span/180 Sloshing load (upward) @ roof overhang, pound/square foot 0 Wind uplift load within steel shell, pound/square foot 16 Wind Design Winding velocity, miles per hour 130 Exposure C Seismic Design Latitude 38.9410 Deg N Longitude 119.9338 Deg W Mapped spectral response acceleration At Short Periods, Ss 1.472 At 1-sec Period, S1 0.522 Site class C Acceleration site coefficient Fa 1.2 OCTOBER 2020 SECTION 01 36 40 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 6 Fv 1.478 Design spectral response accelerations At Short Periods, SDs 1.177 At 1-sec Period, SD1 0.515 Seismic Use Group III Importance Factor, I 1.50 Region-dependent transition period, TL, sec 6 Height of seismic sloshing, feet above high water level 3.72 with I=1.50 Height of seismic sloshing, feet above floor 30.22 (26.5 + 3.72) Height of roof, feet, above floor (min.) @ shell 30.72 Geotechnical Soil bearing, pounds/square foot Total load (dead and live) 4,500 Wind/Seismic load 6,000 Center Vent Vent dimension, inch 20-inch diameter (Gravity) Gross vent area, square inches 314 Access Hatch Hatch dimension, inch x inch 30x30 minimum Design live load, pounds/square foot 100 OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 7 E. Materials 1. Roof components shall be fabricated from materials as indicated in the table below. Items for which materials are not indicated shall be of corrosion-resistant, compatible materials suitable for long-term service, as acceptable to Engineer. Item Material Roof panels, flashing, hatch covers and gusset covers Aluminum Association series 3003-H16, 5052-H32 or 5052- H36 with a minimum nominal thickness of 0.050 inch, with a mill finish unless indicated otherwise Triangulated aluminum frame Aluminum Association 6061- T6 Structural support beams Aluminum Association 6061- T6 Columns Stainless steel pipe, Type 316 Roof lockbolts 7075-T73 Anodized Aluminum or 300 series stainless steel Nuts, bolts, and washers used for roof structural member connections inside the reservoir above the maximum operating water level Stainless steel, Type 316 Anchors submerged in water inside the reservoir Stainless steel, Type 316 Roof internal angles, bars, rods, supports, brackets that are connected to aluminum roof Aluminum in accordance with Section 05500 Panel gaskets Silicone per Federal Specification A-A-59588 and ASTM C1115 or Neoprene per ASTM C509, ozone resistant, minimum thickness 1/4-inch Sealant Federal Specification TT-S- 00230C, silicone ozone and sunlight resistant Support bearings Bearings shall have teflon to stainless steel sliding surfaces. 2. Gasket and sealant materials shall be listed by the NSF International as certified drinking water system components in compliance with NSF Standard 61. Gaskets shall be shielded from direct sunlight in the finished installation. 3. Aluminum in contact with other metals, except stainless steel, shall be isolated by appropriate means to separate the materials. OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 8 F. Design Details 1. All pipe connections to the roof shall be flanged. The minimum connection size shall be 4 inches. 2. All fittings and penetrations in roof panels shall be provided reinforcement as indicated. 3. Roofs shall be provided the component thicknesses as indicated in Drawings, but the minimum thicknesses shall not be less than those in the following table. Component Minimum Thickness or Size, inches Roof panels, inch 0.050 Triangular frame struts, inch 1/4 Roof vent, roof manway components, inch 3/16 Structural aluminum member thicknesses of flanges, webs, angle legs, bars, inch 1/4 Pipe fittings, pipe roof support columns Schedule 40 Roof hatch covers, flanges, inch 1/4 Internal panel reinforcement thickness for hatches and other appurtenances 3/8 Internal and external bolts, rods 3/8 G. Accessories 1. Accessories, pipe connections, and fittings shall be as indicated on Drawings, and meet the following requirements. Item Feature/Value Roof hatches for equipment and man access The tank roof shall have a curbed, upward opening 30-inches square, minimum hatch located near the ladder. The curb shall extend at least 4 inches above the tank. The hatch cover shall be hinged and shall have locking provisions. The hatch cover lip shall extend for a distance of 2- inches down on the outside of the curb. Provide neoprene seal around inside face of curb. Roof vents A 20-inch screened vent shall be provided on the roof. The vent shall be fabricated to provide removable screened openings between the vertical support members of the vent. The screened openings of the vent shall be sized by the manufacturer to allow venting of a 500 gpm pumping rate. An effective area of 75% of screen opening shall be assumed. The screen shall consist of one layer of Type 316 stainless steel: 16 x 16 x 0.018 wire mesh insect screen. 2. Use aluminum materials for all accessories that attach to the aluminum roof. OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 9 2.02 FALL PROTECTION EQUIPMENT A. The CONTRACTOR is required to coordinate the design and construction of fall protection equipment and connections to each tank with the tank manufacturer in order to provide properly functioning fall protection systems in compliance with all OSHA requirements. B. The proposed fall protection system types to be used at each tank and intended access points are roof vents. C. HORIZONTAL LIFELINE SYSTEMS Horizontal lifelines are cable systems that include end anchors and intermediate supports. The CONTRACTOR shall provide stamped calculations from a licensed structural engineer to demonstrate the integrity of each system’s connection to the tank according to OSHA load requirements. Acceptable horizontal lifeline systems include: 1. DBI SALA RoofSafe Cable and Anchor System 2. Approved equal D. SINGLE POINT SYSTEMS Single point systems consist of anchors and/or D-rings that future users can safely attach to and use during their work. The CONTRACTOR shall provide stamped calculations from a licensed structural engineer to demonstrate the integrity of each system’s connection to the tank according to OSHA load requirements. Acceptable single point systems include: 1. DBI SALA RoofSafe Anchor System 2. DBI SALA D-ring (Part Number 2101636) 3. Approved equal E. ACCESS REQUIREMENTS The CONTRACTOR shall ensure that each finished fall protection system provides adequate access to tank roof vents and staff gauges as required by the table above. 2.03 ROOF COATING SYSTEM A. Provide exterior surfaces of panels and flashing with Kynar 500 FSF coating system or approved equal, and applied in accordance with manufacturer’s requirements. B. The color of the coating shall be selected by the District from the coating manufacturer’s standard color selection. The Contractor shall submit color chips OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 10 at least 3-inches square at least fifteen days prior to start of application and shall order final coating materials only after receiving written approval from the District Engineer. 2.04 FABRICATION A. Contractor shall notify Engineer at least 14 days in advance of the start of fabrication for roof components. B. All roof components shall be fabricated by fabricators with at least 5 years of experience in the design and fabrication of aluminum water reservoir roofs under the requirements of AWWA D108, and familiar with all applicable Laws and Regulations, codes, and safety Regulations. 2.05 SHOP WELDING A. General 1. Welding shall comply with Section 9.2 of AWWA D108 and the requirements herein. Where there is a conflict the requirements of this Section shall apply. B. Welding Procedure Qualifications 1. All welding procedures used to fabricate and weld roof structural members shall be prequalified under the provisions of AWS D1.2. 2. If the Work requires additional welding procedures not possessed by Contractor such procedures shall be furnished and qualified at the expense of Contractor. C. Welding Operator Qualifications 1. All fabrication and welding shall be done by skilled welding operators and tackers who have had previous successful experience in the methods and materials to be used. 2. Welders shall be qualified under the provisions of AWS D1.2 by an independent, local, approved testing agency not more than six months prior to commencing work. Contractor shall furnish all material and bear the expense of qualifying welders. PART 3 - EXECUTION 3.01 SUPERINTENDENT QUALIFICATIONS A. Contractor shall provide a superintendent who has field supervision experience for construction of at least 1 water tank roof to the AWWA D108 standard within the last five (5) years and who is familiar with the quality assurance requirements of this Section. OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 11 B. Submit a written experience resume for the proposed superintendent at least 3 weeks prior to start of reservoir construction. List the past projects, including names, addresses, and telephone numbers of contact persons for the owner of each project. 3.02 FIELD WELDING A. Field welding shall be in accordance with the requirements for shop welding. 3.03 FIELD ERECTION A. The roof structure and panels shall be fit without field modifications, forcing of members into position, or field re-drilling of bolt holes. Members with fabrication errors shall be returned to the shop for correction or replacement. B. Install sealant in a workmanlike manner in accordance with the manufacturer's printed instructions. Sealant joints shall be made using masking tape to confine the sealant to uniform edges. Finish the sealant so the surface is slightly concave. Remove any sealant not in its designed location. C. Furnish and install gaskets as continuous pieces, without splices. If leaks are detected during testing, repair the joints using new gaskets, not sealant. D. After erection of the roof structure, the interior stainless steel columns and associated connections shall be thoroughly clean of surface laitance and foreign material. 3.04 ACCESS OPENINGS FOR ERECTION A. Temporary access openings in the existing steel shell can be used upon approval by Engineer. 3.05 LEAK TESTING After the roof installation is complete and it is verified that underside of the roof is dry, the roof seams shall be leak tested by spraying the outside of the seams with water using a garden hose with a minimum 50 psig static head pressure at the nozzle, held at a distance between 3 feet and 6 feet. Potable water shall be used. The water must not be sprayed directly on any roof vents. Any water on the inside of roof shall be evidence of leakage. Water to be provided by Owner, however the nearest access to potable water is on Sherman Way and the Contractor will be responsible for transporting water and pumping for testing. 3.06 WARRANTY The roof manufacturer shall warrant that the work described herein be free from defects, workmanship and material. The roof manufacturer shall replace or repair only faulty workmanship or defective material furnished by it that is reported within one (1) year from the date of completion of this scope of work. OCTOBER 2020 SECTION 43 41 26 KELLER TANK & SYSTEM IMPROVEMENTS – PHASE 2 ALUMINUM ROOF 12 3.07 REMOVAL OF ROOF SUPPORTS A. Following completion of roof erection, remove all erection columns, beams, and other temporary erection supports. END OF SECTION